A&A accounts and counsel’s fees: demonstrating work was reasonable, and procedure for payment

Counsel’s fees are an outlay under advice and assistance incurred by you, which is unlike the position in civil or criminal legal aid.

If we grant an increase in authorised expenditure, this does not mean we accept that the estimates made are reasonable. We may approve a sanction request quoting such estimates. However, this does not mean that we will pay these sums they are used as a maximum level that cannot be exceeded. The fee charged must be within that limit, and be justified at the conclusion of the advice.

You are responsible for settling all outlays incurred under advice and assistance, including counsel’s fees. You should claim these in the body of your account as an outlay (inclusive of VAT) and we will pay them direct to you.

If the limit of authorised expenditure is insufficient to cover the total fees and outlays, we will pay the outlays (inclusive of VAT) in priority to your fee.

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