Although you can only claim one fixed payment, we recognise that there are still two (or more) proceedings within the single matter (for the purposes of remuneration). So you can claim further additional or “add-on” fixed payments as prescribed by Schedules 1, 1A or 1B in connection with both complaints, depending on the circumstances of each case.
- a bail appeal
- separate disposals, whether or not arising from these trials, such as deferred sentences (excluding those subsumed within the principal fixed payments)
- further fixed payments in respect of trial days. If both cases proceed to trial, the first 30 minutes of each trial will be subsumed within the core fixed payment (being the only fixed payment chargeable in these circumstances).
- if one trial does not exceed the 30 minutes but the other trial does, you will be entitled to the further fixed payments, prescribed by paragraphs 3 and 4 inclusive of Schedule 1, for the trial which does proceed beyond the core fixed payment.
- in the unusual event that both cases proceed to trial both exceeding 30 minutes, you are entitled to a “first day” payment for each trial even though you would have spent two days, one day for each trial in court. In short, we will total the number of “days” (as defined in the Table of Fees) at trial in respect of each of the proceedings and remunerate you accordingly. Further trial days under each, or both, shall attract further trial days.
Whilst you are entitled to payment for each deferred sentence even where the procedure within each of the cases diverges, this remains subject to the inclusion of two deferred sentences within the principal fixed payment.
In most cases, perhaps following an early plea and effective consolidation of the cases, only the first and second deferred sentences are included.
There can be circumstances, however, where the respective proceedings take different courses, where up to two deferred sentences may be included in the fixed payment in respect of each of the proceedings included within the single matter for payment purposes.
When claiming payment you should alwaysconfirm whether claims in respect of the deferred sentences arose in the substantive proceedings or, for example, the proceedings arising from the breach of bail etc. This will assist us in making the proper payment in the circumstances of the case.