Waiting days

Paragraph 22(a) of the notes on the operation states:

“‘waiting day’ means a day where counsel is required to attend court and does so but the trial does not proceed”.

Where a waiting day is charged we must be satisfied that you were required to attend court and did so before we can make payment of the waiting day.

Where it is not clear if you attended court then we must disallow the claim and invite you to confirm that you were in attendance.

Paragraph 17(f) of the notes on the operation states:

“fees for a waiting day shall be allowed on the basis of paragraph 18 below”.

Paragraphs 18(c) and (d) of the notes on the operation set the rules for when payment of a waiting day is allowable.

Paragraph 18(c) of the notes on the operation states:

“no other chargeable work shall be undertaken in any case that day (legally aided or not)”

Paragraph 18(d) of the notes on the operation states: 

“no fee is payable unless counsel was required to attend and remain available at court in case the trial proceeded that day.”

Where a waiting day is charged we must be satisfied that counsel:

• did no other chargeable work in any other case legally aided or not; and
• remained available at court until being informed that the trial would not proceed.

Where those criteria have been met we will pay a fee at the relevant rate.

Where we are not satisfied that all criteria have been met we will disallow the claim and invite you to confirm that all criteria have been met.

Paragraph 18(a)(i) and 18(b)(i) of the notes on the operation prescribe fees for a waiting day where the travel supplement is not payable:

“half of the fee prescribed at paragraph 4(a) of Chapter 1 of Part I of the Table of Fees or at paragraph 3(a) of Chapter 1 of Part III depending on the applicable court, where no travel for the purposes of paragraph 7 of Chapter 2 of Part I or paragraph 6 of Chapter 2 of Part III is incurred” or

Paragraph 18(a)(ii) and 18(b)(ii) of the notes on the operation prescribe fees for a waiting day where the travel supplement is not payable:

“two-thirds of the fee prescribed at either paragraph referred to in sub paragraph (a)(i) above, depending on the applicable court, where such travel is incurred.”

Where a waiting day is payable, we will allow the waiting day at:

• half of the prescribed miscellaneous rate where no travel supplement is payable; or
• two-thirds of the prescribed miscellaneous rate where the travel supplement is payable.