https://www.slab.org.uk/guidance/apportionment-7/
https://www.slab.org.uk/guidance/apportionment-7/
Schedule 2 makes it clear that you can charge and we can allow prescribed fees that are capable of being increased or decreased depending on the circumstances.
Against this background and given the nature of contempt of court proceedings it is unlikely that it will be necessary to apportion charges but where apportionment is appropriate you should follow this guidance.
The requirement to apportion charges will ensure that:
Although not expressly stated in the regulations we may require to exercise our discretion, standing the statutory tests of taxation, to apportion charges where:
Where you act for the same client, in separate actions, but undertake work common to more than one case, the general rule is that only one charge is allowed in relation to, for example, attendances or consultations.
You should therefore apportion charges to reflect the fact that the work covers more than one case.
You should not make a separate charge at the full rate in respect of each case.
Similarly, work which is common to more than one party or one set of proceedings should be apportioned, where appropriate.
Where a single work activity (for example, consultation) covers more than one party in the same proceedings you should apportion charges as the work covers more than one case.
You cannot charge in full to each case as that would result in double agency.
Where work is done on behalf of the same client in multiple cases or multiple clients in the same proceedings the work should ordinarily be apportioned equally across the number of cases or clients.
However, we will allow a different apportionment (for example, third, two-thirds), on cause shown and subject to an explanation as to why an unequal apportionment is being claimed, as long as the charges do not exceed the reasonable sum that is payable in the respective case(s).