https://www.slab.org.uk/guidance/fees-for-travel-accomodation-and-subsistence/
https://www.slab.org.uk/guidance/fees-for-travel-accomodation-and-subsistence/
Where certain criteria are met a supplementary fee may be payable for travel.
7 (High Court) and 6 (Sheriff or Justice of the Peace Court) – Travel
Unless specifically precluded from payment, this is the fee which is payable where the criteria under paragraph 20 of the notes on the operation are met.
This is a further fee which is payable where the criteria under paragraph 20 of the notes on the operation are met and the travel is to a location outside of Scotland.
Paragraph 20(1) of the notes on the operation states
“The supplementary fee for travel prescribed in paragraph 7 of Chapters 1 and 2 of Part 1, paragraph 9 of Chapters 1 and 2 of Part 2 and paragraph 6 of Chapters 1 and 2 of Part 3 of the Table of Fees is chargeable only as provided for in this regulation”.
Where you charge a fee for travel we must be satisfied the terms of paragraph 20 has been met, and that it was reasonable for you to have travelled in order to undertake the corresponding work activity.
Paragraph 20(2) of the notes on the operation states:
“The fee is only chargeable where the travel involves a round trip exceeding 60 miles in each direction”.
Unless travel exceeds a 120 miles round trip no fee is payable and we must disallow the claim.
Where you do not state the distance travelled, or the departure and arrival locations, which will allow us to establish the distance involved we must disallow the claim and invite you to confirm the distance that has been travelled.
Where travel exceeds 120 miles, and we are satisfied that travel was reasonably undertaken, we must pay this fee unless it relates to a hearing at one of the courts listed under paragraph 20(3).
Where you travel via a more circuitous route than what is recommended by the online route planner that we elect to use, we must be satisfied that this was reasonable in the particular circumstances of the case before we allow the fee.
For example, there may have been roadworks leading to extensive delays on the shorter route that would add sufficient time to the journey before we can be satisfied that the alternative route taken, although longer, was reasonable in the particular circumstances of the case.
Where it is unclear why a more circuitous route has been taken we must disallow the travel in full if the online route planner indicates that travel is less than 120 miles and invite you to provide further information in support of the claim.
If the online route planner indicates travel should be less than the distance which has been claimed but this still exceeds 120 miles then we will pay the travel supplement.
Paragraph 20(3) of the notes on the operation states:
“The fee is not chargeable for travel to courts in any of the following locations for the purposes of a trial or any other hearing-
Where you travel to a hearing at any of the listed courts no travel is payable even where the round trip is greater than 120 miles.
We must therefore disallow any claim which is made.
In addition the terms of paragraph 20(4) of the notes on the operation states:
“Where counsel travels to a court in any of the locations listed in paragraph (3) for the purposes of a trial or any other hearing and also attends to business relating to any case on the same day, (subject to paragraph 5) the fee is not chargeable.”
Where you attend at one of the listed courts for a court hearing and also consult in the same location on the same or any other case travel is not payable and any claim must be disallowed.
Where you travel in excess of 120 miles the day before court to consult with a client, before staying overnight for court in one of the listed locations, as this paragraph applies to travel “on the same day” where we are satisfied that the travel on the non-court day exceeds 120 miles and was reasonable we will allow the travel supplement, where appropriate.
Paragraph 20(5) of the notes on the operation states:
“The fee may be chargeable in the circumstances set out in paragraph (4) where the Board is satisfied that the trip relating to business in any case is separate and additional to the trip relating to the court.”
Where you attend at one of the listed courts for a court hearing and also consult at a different location on another case on the same day, travel may be payable if we are satisfied that the separate and additional travel has exceeded 120 miles.
For example, where you travel from Edinburgh to Glasgow for court and then on to Stranraer for a consultation the combined round trip would be in the region of 265 miles.
As you were attending in Glasgow for the purposes of a court attendance the travel to Glasgow is not payable.
This results in circa 50 miles being discounted from the total distance travelled.
In addition, we must then apportion the return leg from Stranraer to Edinburgh which would be circa 134 miles apportioned by two, and discount a further 67 miles.
The separate and additional travel incurred as a result of the consultation in Stranraer is 148 miles (265 total distance less 117 miles discounted) and the travel supplement would be payable.
If we are not satisfied that the separate and additional trip exceeds 120 miles we must disallow the charge.
For example, where you travel from Edinburgh to Glasgow for court and then on to Kilmarnock for a consultation the combined round trip would be in the region of 140 miles.
As you were attending in Glasgow for the court attendance the travel to Glasgow is not payable (circa 50 miles) and must be discounted.
Similarly we must apportion the return leg from Kilmarnock to Edinburgh (in this example by 68 miles being apportioned by two) and discount this (circa 34 miles).
The separate and additional travel incurred as a result of the consultation in Kilmarnock is 56 miles (140-50-34) and does not exceed the 120 miles threshold and the travel supplement must be disallowed.
Paragraph 20(6) of the notes on the operation states:
“Counsel must, if required, produce vouching of the travel undertaken.”
This provides us with the authority to request vouching where this is necessary.
Paragraph 20(7) of the notes on the operation states:
“The fee is chargeable once only in respect of each round trip, irrespective of the number of cases for which the trip is undertaken”.
We may encounter a situation where you deal with a number of different cases on the same day where the travel undertaken exceeds 120 miles, and does not involve a court hearing at one of the listed courts.
For example, where you travel from Edinburgh to Dundee to consult in one case and on to Aberdeen to consult in another case before returning to Edinburgh only one round trip (i.e. Edinburgh to Aberdeen return) is undertaken and therefore only one ‘supplementary fee’ for travel can be paid.
Where you travel for more than one case the ‘supplementary fee’ for travel should be apportioned across each case although if you charge to a single case that can be allowed.
We are highly unlikely to receive all claims together and where we are unclear how you have charged for the travel we must disallow the claim and invite you to clarify the approach that you have adopted in relation to the claim for travel.
This equally applies to any travel outlays chargeable across cases.
Where a supplementary fee for travel is chargeable an outlay in respect of reasonable travel costs may be payable.
Paragraph 20(8) of the notes on the operation states:
“The fee chargeable excludes any travel costs”.
Where we are satisfied that the travel supplement is payable we must also allow reasonable travel costs incurred as an outlay in addition to the fee payable.
Where you drive, mileage is payable in accordance with the recommended rates prescribed by HMRC at the time travel is undertaken.
Where you travel by train or air, fares are payable at standard rates only.
If you elect to travel by first or business class you can, of course, elect to do so but we must reduce any part of the claim that exceeds the equivalent standard fare for the journey.
Paragraph 20A of the notes on the operation states:
“Travel costs are chargeable as an outlay only in circumstances where a supplementary fee for travel is chargeable under paragraph 20”.
Where we are satisfied that the travel supplement is payable we must pay this fee.
Where it is not clear why travel costs are not claimed we may seek confirmation from you that the outlay has not been omitted in error.
For example, where you are given a lift by the agents the mileage would not be payable but you can still claim the travel supplement.
Where we are satisfied that the travel supplement is payable and you reasonably stay outwith the town or city where you are attending court (for example, as it was more economical to do so than staying centrally) we may allow reasonable travel costs for the return journey including travel to and from the accommodation.
Any necessary travel to and from court from the accommodation on days which fall between the outward and return journey is considered to be part of the round trip.
For example, where the outward travel is 125 miles to court, and after court there is a further 20 miles to your accommodation we will allow the full journey of 145 miles as part of the round trip.
Where a supplementary fee for travel is chargeable an outlay in respect of necessary accommodation and subsistence may be payable where you reasonably stay overnight.
8 (High Court) and 7 (Sheriff or Justice of the Peace Court) – Accommodation and associated subsistence
Paragraph 21(1)(a) of the notes on the operation states the cost of necessary accommodation and subsistence is chargeable only:
“where a supplementary fee for travel is chargeable in accordance with paragraph 20.”
Where you elect to stay overnight and claim ‘accommodation and subsistence’ costs the travel supplement must also be payable.
Where the travel supplement is not payable we must disallow any ‘accommodation and subsistence’ costs charged.
For example, where you attend a hearing at a court listed under paragraph 20(3) of the notes on the operation, the travel fee would not be payable and on that basis any ‘accommodation and subsistence costs’ must be disallowed.
Paragraph 21(1)(b) of the notes on the operation states the cost of necessary accommodation and subsistence is chargeable only:
“on cause shown.”
Where we are satisfied that the travel supplement is payable, we must also be satisfied that the ‘accommodation and subsistence’ has been reasonably incurred.
For example an early court appearance may reasonably require you to travel the day before court and ‘accommodation and subsistence’ costs can be allowed.
Where we are not satisfied that ‘accommodation and subsistence’ has reasonably been incurred we must disallow the claim.
Where you incur a non-refundable accommodation cost we can make payment where an explanation is provided in support of the cancellation fee demonstrating that the charge has been incurred through no fault of your own up to the limits that are set in the legal aid regulations, and subject to any pre-approved increased outlay.
For example, where a case resolves on the morning of the court resulting in the case not proceeding over the assigned number of days we will allow the non-refundable ‘accommodation and subsistence’ costs where we are satisfied that they have been reasonably incurred.
Paragraph 21(1)(c) of the notes on the operation states the cost of necessary accommodation and subsistence is chargeable only:
“subject to sub-paragraph (3), as an outlay up to the amount specified in (as the case may be)—
(i) paragraph 8 of Chapter 1 or 2 of Part 1 of the Table of Fees (counsel fees for proceedings in the High Court of Judiciary),
(iii) paragraph 7 of Chapter 1 or 2 of Part 3 of the Table of Fees (counsel fees for proceedings in the Sheriff and Justice of the Peace Court).”
Where we are satisfied that the ‘accommodation and subsistence’ can be paid we will allow the claim, as an outlay, up to the amount specified.
The sum specified excludes VAT.
Where you charge up to the prescribed amount we can make payment in full unless we have information which suggests that a lower sum is payable.
Where you charge a sum which exceeds the prescribed amount we must reduce the claim to the prescribed limit unless the terms of paragraph 21(3) have been met (see ‘Costs exceeding maximum outlay specified’).
Paragraph 21(3) of the notes on the operation states:
“Where counsel incurs accommodation and subsistence costs at an amount higher than the applicable amount specified in the relevant paragraph of sub-paragraph (1)(c), that higher amount is chargeable in place of the applicable amount only if—
Where you have received our prior approval to exceed the maximum outlay specified and we are satisfied that the amount charged as an outlay is reasonable and in accordance with the approved limit we will allow the claim, as an outlay.
The sum specified excludes VAT.
Paragraph 21(2) of the notes on the operation states:
“Counsel must, if required, provide vouching of the costs incurred.”
This gives us the authority to request vouching where this is necessary.
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