Travel, Accommodation and Subsistence

Travel, accommodation and subsistence

There are no prescribed fees or outlays in respect of travel or for accommodation and subsistence under contempt of court legal aid.

Historically, where any such charges were incurred by counsel they would have been included in an enhanced fee under schedule 2, paragraph 3.

As stated earlier in this guidance a practice has however developed, given that the majority of contempt proceedings arise in relation to criminal proceedings that where counsel are instructed you will frequently elect to claim fees in line with the fees prescribed under Schedule 2 of the Criminal Fees Regulations.

We recommend that you should have regard to rates from Tables of Fees which have been reviewed to reflect modern court practices and procedures, such as those under Schedule 2 of the Criminal Fees Regulations, which helpfully provide benchmark rates for a publicly funded legal aid service which can reasonably be applied in contempt of court proceedings.

Otherwise, you must justify the fee with reference to the factors in schedule 2, paragraph 2, to demonstrate that fee provides reasonable remuneration for work with regard to all the circumstances, including the general levels of fees in the said Table of Fees.

A short concise and focused narrative in support of the charge should be sufficient.

Where we are not satisfied that the fee claimed is reasonable based on the information available, we will allow what we consider to be a reasonable fee and invite you to provide further information in support of the claim.

Outlays payable

Where we are satisfied that you have been engaged in travel we will allow, where appropriate, reasonable travel costs as an outlay where that has not otherwise been included in any claim for an enhanced fee.

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 will reduce any part of the claim that exceeds the equivalent standard fare for the journey.

Request for vouching – where necessary

Where required you should provide vouching of the costs incurred in support of any claim.

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