Accounts

Previously, it was necessary to complete the account synopsis before you could commence drafting your claim.

This meant that when changing between an 'INTERIM/FINAL' claim draft work items had to be removed.

This is now no longer the case, significant improvements have now been made meaning the synopsis only needs to be completed at the point that you are submitting your claim.

To facilitate the improvements when first accessing the on-line account you will require to confirm if the case proceeded to trial beyond 30 minutes or not.

This question is asked as it will determine the correct fee schedule and fees available for sheriff court cases and the fees that are available for JP Court cases.

• in the Sheriff and JP court when you first enter the LARN the display is as follows:

 

 

• it is easier to draft your account as you no longer need to complete the synopsis until you are ready to submit your claim
• you can make a selection based upon your expectations for the case
• as the fee schedules share the same fees, such as the core fixed payment and bail appeal, it is possible to draft your claim without necessarily knowing if the case will proceed to trial beyond the first 30 minutes
• this means you can change the fee schedule that applies knowing that work items consistent across schedules will remain and will not require to be removed
• only valid work items will be available depending on the selection you have made
• the core fee/case disposal fee continues to be automatically generated
• if you change your selection, having previously added work items and some of these become invalid, you will be advised of this within the work breakdown tab either when attempting to submit the claim, or on exiting the claim and then re-accessing it
• for example: if the initial selection was the case did proceed to trial beyond 30 minutes when ultimately it did not, and the first day of trial was previously claimed, on changing the selection to 'Case did not proceed to trial, or trial was less than 30 minutes', the list of work items available will no longer include trial days. Therefore, if you attempt to submit the claim with the first day at court work item, the following will be displayed:

 

• to reduce the risk of accidently removing valid work items you can now only remove invalid work items from within the work breakdown tab, either individually or by clicking the down arrow then selecting Only invalid work items and clicking the bin icon, as shown below:

• to further streamline the process we have removed work items for the first / second diet of deferred sentence and instead ask that where there is a third diet of deferred sentence, you enter the dates of the first two in the details box as shown below:

Transfers

• where the case is transferred away from you you will not be able to submit your final claim
• in these circumstances you should submit the appropriate interim claim for the work you have undertaken
• upon the case concluding, and we receive the final agents account, you will receive a notification advising that you can now submit your final claim
• when making this claim you should select 'Other' from within the synopsis drop down for case disposal and enter 'Transferred'.

On initial access you will still require to confirm you have provided representation and enter the appropriate date.

On confirming and clicking 'SAVE', the summary screen will display the fee table and expenditure available for the case.

As with Summary fixed fees there is now no need to complete the synopsis until such time as you are ready to submit your claim.

You can proceed direct to the work breakdown tab, where the core/case disposal fee will already be generated, and where appropriate commence entering any further work items relevant to the claim.

• the work items available have been reduced to reflect the revised fee structure and will only display those relevant to the court type
• to further streamline the process we have removed work items for the first / second diet of deferred sentence and instead ask that where there is a third diet of deferred sentence, you enter the dates of the first two in the details box as shown below:

 

• as with the current fixed fee process you will be advised of any invalid/incompatible work items.
• for example the Section 203 disposal fee is only chargeable where the case is disposed of at the first or second diet of deferred sentence. So, it will not be possible to claim this fee and a third or subsequent diet of deferred sentence, as shown below:

 

Transfers

• where the case is transferred away from you you will not be able to submit your final claim
• in these circumstances you should submit the appropriate interim claim for the work you have undertaken
• upon the case concluding, and we receive the final agents account, you will receive a notification advising that you can now submit your final claim
• when making this claim you should select Transferred (away) from within the synopsis drop down for case disposal:

We have made these clearer and also made a further improvement that allows you to save your draft claim and still make an interim fee claim without losing the draft work items.

It is important to note that the totals displayed within the work breakdown tab are based upon the payment request type you are submitting – this works as follows:

• by default when you first access the claim it is set to 'FINAL'. This allows you to frame your draft account by proceeding to the work breakdown tab
• The 'Total' field will provide the total of the claim inclusive of any outlays

The 'Total nominated agent fees' field, will provide the total of the fees you have entered, as shown below:

 

 

• changing the synopsis type to Interim will then display the 'Total inclusive of outlays' based upon the value of the interim fee work item plus any draft outlays
• Whereas the 'Total nominated agent fees' will be the value of the interim fee work item.

 When drafting your account it is now possible to select the interim fee work item without having to initially select the 'INTERIM' option within the synopsis tab.

• this will allow you to observe the total fees of your draft claim such that when you then select the interim fee work item, you can enter this value within this work item.
• the 'Total inclusive of outlays' and the 'Total nominated agent fees' values will not change on adding the interim fee work item and those are still based upon the draft of your final claim.
• only when you change the payment request type to 'INTERIM' will these values be based upon the interim work items as follows:
  • 'Total inclusive of outlays' is based upon the value of the interim fee work item plus any draft outlays
  • whereas the 'Total nominated agent fees' will be the value of the interim fee work item.

The authorised expenditure calculations are based upon the payment request type selected within the synopsis tab and the work items contained within the payment request.

• this means that where the payment request type remains on 'FINAL', the expenditure calculation will not include the value of the interim fee work item
• this further improvement means you can now observe any expenditure restrictions within the 'FINAL' draft and be mindful of these when entering the value of your interim fee claim
• to proceed with the interim claim select 'INTERIM' within the synopsis and complete the further mandatory details, as appropriate
• the system has been redesigned so that draft work items will no longer be automatically deleted. Draft work items can now only ever be deleted manually by you
• on confirming the interim type and returning to the work breakdown screen the expenditure calculations will now only be based upon work items that are valid in an interim claim
• this allows you to have regard to any outlays you may have incurred so that you can ensure you have sufficient expenditure to cover these and, if necessary, adjust your interim fee claim to have regard to these
• for example, if you had incurred fees of £628.79 and entered this as your interim fee claim, but you had also incurred outlays of £150 you would be advised that the expenditure has been exceeded:

 

• you could then reduce your interim fee claim to ensure you had sufficient remaining expenditure to cover the outlays incurred.
• please remember that outlays should never be included within the value you enter within the interim fee work item. Outlays incurred, for which you wish to obtain an interim payment, should be submitted by using the interim claim 'OUTLAY' process.

• you will be prompted to enter the date of conclusion
• this is because the date of conclusion determines what fee table/s are available to you as per the transitional arrangements
• the following applies:
  • Date of conclusion pre-29 April 2023: Only the pre-reform fee table is available:

 

 

 

• • Date of conclusion on or after 29 April: Fee table initially defaults to the fee reform fees, but you have the option to choose the pre-reform fees if you wish:

 

 

• if you do not confirm the selection by entering save, or do not enter a case conclusion date and proceed to the work breakdown tab, no fee work items will be available
• on making your selection you can then proceed to draft your account.

• you will be prompted to enter the date of conclusion of the case
• this is because the date of conclusion determines the fee table/s that are now available to you
• because you have already accessed the on-line account the pre-reform fee table would have been the only table that you could have used
• as a result the following warning will be displayed:

 

 

 

• where you enter the conclusion date as pre-29 April 2023 you will be advised that the pre-reform fee table is the only table that can be used:

 

 

• on clicking ‘OK’ you are taken directly to the work breakdown tab and you can continue with your draft account
• where you enter the ‘Date of conclusion on or after 29 April’, the Fee table initially defaults to the reform fees:

 

 

• you can, however, choose to use the pre-reform fees by changing the selection
• you require to click the ‘SAVE FEE TABLE’ button and on doing so will see the following advisory message:

 

 

• on clicking ‘OK’ you will be taken to the work breakdown tab
• where your initial draft was on pre-reform fees and you elect the post reform fee table or, you change the fee table from one you previously used to draft work items, invalid work items will be displayed within the work breakdown tab:

 

 

• to retain the draft fees you can return to the summary tab and change your previous selection
• to remove the draft fees you can do this individually using the bin icon next to the work item or, select the down arrow at the bottom left of the account, choose the appropriate option and then click the Bin icon

 

 

• this means you will not need to delete any outlays that you may already have added
• you can then continue to frame your account.

• where there has been a transfer of agency you should not submit your final claim until you receive a notification from us advising that you can now do so
• as many of the block fees will not have been concluded, it would not be possible to make a payment in respect of these anyway
• you can however submit interims claims in the normal manner
• when you receive a notification that you can submit your final claim you will be restricted to using the same fee table as that used by the final acting agent
• on initial access of the on-line account you will require to enter the date of conclusion as normal
• on entering this you will then be advised of the fee table that has been used and it will not be possible to change this
• in the example below, the conclusion date entered would ordinarily result in the pre-reform fees being appropriate. But, as the final acting agent has submitted a claim using the reform fees, the warning icon and message are advising you that you cannot use the pre-reform fee table:

 

 

• the same would apply if you were attempting to use the reform fees where the final acting agent has used the pre-reform fees
• in either scenario, if you have already drafted a claim, you will require to remove invalid entries and frame your claim using the appropriate fee table:

 

 

• Choosing the appropriate fee table: please see our guidance 'Which table of fees apply?'

• you will still be prompted to enter the date of conclusion
• however, the only fee table that is available will be the reform fee table:
  • unless exceptional status has been granted in which case the pre-reform time and line fee table applies.

Where the grant of legal has been transferred to another solicitor you should not attempt to submit your final account. When the case has concluded and we receive the final solicitors account you will receive a notification informing you to submit your account. You can use our online system to draft your account and ready for submission.

You can make an interim claim for any completed blocks or time and line work, where appropriate prior to the case concluding.

In circumstances where you have represented more than one accused during the proceedings you can now claim a separate and distinct block fee for each accused where it is reasonable and appropriate to do so.

Although there is no statutory bar on you charging for block fees for each accused we may restrict or modify a block fee where, based on the information available, it appears appropriate to do so mindful that you cannot be paid twice for doing the same work where the business or work done is common to more than one client.

We have created “co-accused block fee” work items in such cases as you must submit a single account where you represent two or more persons charged in the same indictment in terms of the criminal fees regulations.

• to claim for a co-accused you should start typing “co-accused” in the “add work item” function
• you can then select the relevant co-accused fee

 

 

• please ensure you enter the co-accused LARN in the details box within the work item.

• this fee is mostly unchanged from the pre-reform fee. You need only enter the dates that this fee covers
• this fee can only be claimed once by you
• this fee cannot be claimed if Block 1b – not admitted to bail is also claimed
• aside from court conduct, waiting & travel to court, no other fees should be claimed between the dates for this block.

• this fee is mostly unchanged from the pre-reform fee. You need only enter the dates that this fee covers
• this fee works in the same as Block 1a
• this fee can only be claimed once by you
• this fee cannot be claimed if Block 1a – Admitted to bail is also claimed
• aside from court conduct, waiting & travel to court, no other fees should be claimed between the dates for this block.

• this is a new fee which covers all communications of any kind such as meetings, consultations, letters, telephone calls etc
• this fee can only be claimed once by you

• this is a new fee for the total combined documentation considered in the case
• in claiming this fee you must have regard to the Block 5 fee you claim and adjust the perusals accordingly
• the Perusal fee can only be claimed once by you
• therefore, if you are drafting your account as you go, you only have to add to the previous number of chargeable perusals within the work item rather than having to create a new work item
• where the perusal includes a charge in respect of “other material” you will be prompted to enter further information. A narrative of the content and details of actual time engaged spent on the perusal of this material must be provided. If a significant time has been spent the narrative provided must be sufficient to justify the time spent

 

• this is a new fee and covers all preparation where the case proceeds to trial
• it important to note that when claiming this fee you will need to adjust your perusal fee by deducting 50 sheets from the total previously entered (where you have not already done so)
• this fee can only be claimed once by you
• this fee cannot be claimed with Block 5b and/or Block 5c

 

• this is a new fee and covers all preparation where the case is disposed by way of section 76
• it important to note that when claiming this fee you will need to adjust your perusal fee by deducting 1000 sheets from the total previously entered (where you have not already done so)
• this fee can only be claimed once by you
• this fee cannot be claimed with Block 5a and/or Block 5c

 

• this is a new fee and covers all preparation where the case is disposed of by means other than proceeding to trial or section 76
• it important to note that when claiming this fee you will need to adjust your perusal fee by deducting 50 sheets from the total previously entered (where you have not already done so)
• this fee can only be claimed once by you
• this fee cannot be claimed with Block 5a and/or Block 5b

 

• This work item is unchanged from pre-reform functionality.

In the majority of cases the only time and line work items are available are for:

• court conduct or sitting behind counsel
• court waiting
• travel.

However, where a solicitor carries out any of the following work:

• work in connection with any appeal, or referral by the Lord Advocate, where those proceedings are covered by the grant of criminal legal aid
• work in connection with confiscation proceedings against the accused, and is treated as part of the sentencing process where those proceedings are covered by the grant of criminal legal aid

you can also charge for that work on the basis of detailed fees prescribed under schedule 1A, Part 1.

 To select these work items you must use those that are displayed as being 'Procedural appeal or confiscation hearing/order'.

• It is important you select the correct work items as, depending on the date of work undertaken, the level of fee can vary.
• These fees are displayed below the schedule 1A time and line work items.
• To access them easier start typing 'Procedural appeal' and the list will filter to all the appropriate work items that can be added for work done in respect of a procedural appeal or confiscation order.

Where you have made an application for exceptional research and this has been approved you may also charge for that research on the basis of the relevant fees prescribed under schedule 1A, Part 1.

You should use the work items available for a 'Procedural appeal' in such cases but it would help to make clear the charges are for exceptional research.

 

Our update of 21 January 2016 advised firms that they should ensure the case category is correct prior to framing an account.

Following the regulation changes on 10 November 2014 on the fees for time at court and travelling, it was necessary to create specific work items for work undertaken at court.

Where work is carried out at court, it is important that you select the appropriate work item. When you select the wrong work item we may have to abate the account creating further work for yourself and SLAB.

The following is an example of the work items you should select when you attend court but have had a meeting with your client before and after the hearing:

• Meeting Court (Qualified) - 11:15 -11:40
• Court (Qualified no counsel) - 11:40 -12:30
• Meeting Court (Qualified) - 12:30 -12:45

You will only be able to add a work item for automatic cover under S.22 if you have correctly answered the question ‘Was work undertaken under the automatic availability provisions’.

This question appears on the ‘summary tab.’

You must include all deferred sentences in every case regardless of whether a fee is being claimed.

The first or second diet of deferred sentence are automatically set at £0.00 (unless the SER box is ticked)and the system has now been set up to allow you to enter a £0.00 fee by answering ‘yes’ to ‘have you previously claimed for this?’

You must also advise us of all related reference numbers.

This fee is now contained within the work item for the first/second deferred sentence.

If you tick ‘yes’ to the question about the report this will update the zero fee for the deferred sentence to £25 for the report.

However, the SER must conclude the proceedings for the fee to be chargeable.

Where the SER is claimed incorrectly (for example, where there is a subsequent deferred sentence diet) this would create an error on the account that would require to be amended prior to submission.

Guidance provided by the HMRC many years ago indicated that travel (and accommodation) costs incurred by solicitors when providing a service to the client will attract VAT on them regardless of whether this was on the original purchase.

You need to make sure you have selected all work items prior to pressing the ‘request payment’ button.

You can delete a draft account by selecting the ‘bin’ icon. If you have submitted your account you will need to reset it to draft before it can be deleted.

You will not be able to delete an account once the status has changed to under assessment or paid. It should be noted that once deleted you will not be able to retrieve it.

No. All online offers should be negotiated using the online process.

Attachments can now be added at the offer stage for specific work items.

Where the attachment does not relate to a specific work item you should submit your negotiation to SLAB prior to attaching such a document.

To attach you then click on the click paper clip icon. You should NOT attach such documents before submitting your negotiation to SLAB.

To do this you should click on the negotiate work items icon. This will open up the work items that are under negotiation.

If you are repeating the same message on each you can copy and paste in to the relevant boxes.

Yes. If a work item has been abated because you did not send the appropriate attachment then you will still have to create a negotiation in addition to attaching the documents.

Failure to create a negotiation may result in any additional payment being delayed.

When claiming paper work items you should use the date of the last work item in your account.

No. You should not include travel outlays within the paper fees only time spent travelling.

There is a separate work item for travel outlays which should be used to cover all travel costs i.e. mileage, accommodation, bus, train etc.

No. In the paper process the VAT is added on for you.

You must use the correct work items.

Charges relating to fees, outlays, travel and experts must all be entered separately.

Failure to do this can lead to delays in dealing with your account.

The following account types may be submitted using the new process. However, as our new online system includes those noted below, where possible these should be submitted using this process rather than sending in a paper account.

• Criminal A&A and ABWOR accounts where there has not been a previous claim submitted using the old screens
• Solemn accounts where there has not been a previous claim submitted using the old screens
• Civil A&A & ABWOR where the case did not progress to full civil legal aid
• Children's A&A & ABWOR where there has not been a previous claim submitted using the old screens
• Civil A&A & ABWOR where a previous account, interim payment has not been submitted using the old account screens
• Summary time and line where there has not been a previous account submitted using the old account screens.

The following accounts can still be submitted using the old process of submitting a paper account together with the paper synopsis (printed and sent by SLAB):

• All full civil accounts (final and interim payments)
• Children's legal aid accounts
• All accounts, regardless of aid type, where a previous account, interim payment has been submitted using the old account screens
• Civil A&A accounts where the case progressed to full civil legal aid (tandem accounts)
• Summary and ABWOR transferred accounts where you are directed to do so as one of the agents has rendered his account using the old paper submission process.