The Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) Regulations 1993

Interim payments in Crown Court proceedings

5.  After regulation 4, the following regulations shall be inserted:—

“Interim payment of disbursements

4A.— (1) A solicitor may submit a claim to the appropriate authority for payment of a disbursement for which he has incurred liability in criminal proceedings in the Crown Court in accordance with the provisions of this regulation.

(2) A claim for payment may be made where—

(a) a solicitor has obtained prior authority to incur expenditure of £100 or more under regulation 54(1)(a), (b), (c) or (e) of the General Regulations(1); and

(b) he has incurred liability for a disbursement under that authority of £100 or more.

(3) Without prejudice to regulation 7(6), a claim under paragraph (1) above shall not exceed the maximum fee authorised under the prior authority.

(4) A claim for payment under paragraph (1) may be made at any time before the solicitor submits a claim for costs under regulation 5(2).

(5) A claim under paragraph (1) shall be submitted to the appropriate authority in such form and manner as it may direct and shall be accompanied by the authority to incur expenditure and any invoices or other documents in support of the claim.

(6) The appropriate authority shall allow the disbursement subject to the limit in paragraph (3) above if it appears to have been reasonably incurred in accordance with the prior authority.

(7) Where the appropriate authority allows the disbursement, it shall notify the solicitor and, where the disbursement includes the fees or charges of any person, that person, of the amount payable and shall authorise payment to the solicitor accordingly.

(8) Regulations 14 to 16 (redetermination etc) shall not apply to a claim for payment under this regulation.

Interim disbursements and final determination of costs

4B.— (1) On a final determination of costs, paragraphs (2) and (3)(e) of regulation 5 and regulation 7 shall apply notwithstanding that a payment has been made under regulation 4A.

(2) Where the amount found to be due under regulation 7 in respect of a disbursement is less than the amount paid under regulation 4A (“the interim disbursement”), the appropriate authority shall deduct the difference from the sum otherwise payable to the solicitor on the determination of costs, and where the amount due under regulation 7 exceeds the interim disbursement, the appropriate authority shall add the difference to the amount otherwise payable to the solicitor.

Interim payments in cases awaiting determination

4C.— (1) The appropriate authority shall make an interim payment in respect of a claim for costs in criminal proceedings in the Crown Court in accordance with the following provisions of this regulation.

(2) Entitlement to a payment arises in respect of a claim for costs—

(a) in the case of a solicitor, where the total claim for costs is £4000 or more (exclusive of Value Added Tax);

(b) in the case of a barrister, where the basic fee claimed is £4000 or more (exclusive of Value Added Tax);

(c) where the claim for costs is for less than the amounts mentioned in (a) or (b) but is related to any claim falling under (a) or (b).

(3) Entitlement to a payment under paragraph (1) of this regulation shall not arise until three months have elapsed from—

(a) the date on which the bill is ready to tax or, if earlier,

(b) the date three months after the conclusion of the last of any related proceedings.

(4) A bill shall be regarded as being ready to tax on the date on which it is received by the appropriate authority for determination except that where there are related claims for costs all the bills relating thereto shall be regarded as ready to tax on the date the last bill is received.

(5) A solicitor or barrister may submit a claim for an interim payment under this regulation if no payment has been made under paragraph (1) and six months have elapsed from the conclusion of the proceedings against the defendant whom he represented under the legal aid order.

(6) For the purposes of this regulation, proceedings are related to each other in the circumstances set out in paragraph (7) and claims for costs are related to each other in the circumstances set out in paragraph (8).

(7) Proceedings are related to each other:—

(a) where different proceedings involving the same defendant are prepared or heard or dealt with together;

(b) where proceedings involving more than one defendant arose out of the same incident, so that the defendants are charged or tried or disposed of together.

(8) The following claims for costs are related to each other:—

(a) the claims of a solicitor and counsel acting in the same proceedings for a defendant;

(b) the claims of any solicitor or counsel acting in any proceedings mentioned in paragraph (7)(a);

(c) the claims of all the solicitors or counsel acting for the defendants in the circumstances mentioned in paragraph (7)(b).

(9) No payment shall be made under this regulation unless (subject to regulation 17) the solicitor or barrister has submitted his claim in accordance with the provisions of regulations 5(1) and 8(1).

Amount of interim payment in cases awaiting determination

4D.— (1) Where entitlement to a payment arises under regulation 4C, the amount payable shall be—

(a) 40% of the total claim for costs

less

(b) any sum already paid.

(2) Regulations 14 to 16 (redetermination etc) shall not apply to a payment under this regulation.”.

(1)

S.I. 1989/344; there are no relevant amendments.