Solicitor acting for two or more persons in the same case

Regulation 4(2), of the Criminal Fees Regulations clarifies that where a nominated solicitor represents two or more persons charged in the same indictment or complaint, or appealing against conviction or sentence in respect of the same indictment or complaint they shall submit one account in respect of all those persons.

However, we will allow two separate accounts in circumstances where the co-accused is transferred to another solicitor in a case which commenced before 29 April 2023, but concludes thereafter and you are exercising your right to submit one account under Schedule 1A, Part 2 and the other account under Schedule 1, Parts 1 and 2.

The provision of a single account allows us to better understand how each client’s case progresses and then reach an informed view as to what, if any, work should be apportioned in the particular circumstances of the case.

The fees regulations do not prohibit in solemn cases the charging of separate block fees for each accused under Schedule 1A, Part 2.

However, while there is no specific provision within the regulations on the matter of modification we will continue to exercise our discretion, standing the statutory tests of taxation that solicitors must conduct cases with due regard being had to economy and to only allow for payment of reasonable fees to modify any block fee where, based on the information available, it appears reasonable to do so.

This would be particularly relevant where charges gave rise to the potential for double agency which is contrary to what is the almost universally accepted principle that you cannot be paid twice for doing the same work where the business or work done is common to more than one client.

For example, where the same disclosed material is made available by the Crown in respect of each accused or you attend a single hearing dealing with both clients a single payment will ordinarily be allowed for that work.

Where you are making a claim for more than one accused you should use the “co-accused block fee” work items where appropriate.