UPDATED: Interim fees & outlays claims – what you can do now

[UPDATED 28 April 2020]

Counsel

Criminal & Children’s

  • Where the case is adjourned for a period exceeding three months; or
  • The trial/proof has lasted more than 20 days (and every 20 days thereafter); or
  • Where the proceedings include any diet which has been adjourned, regardless of duration, as a result of Covid-19; or
  • Counsel’s employment in the case is at an end (in the event that counsel in later re-employed further claims will not be met).

Civil

  • A period of not less than six months has elapsed since the date on which SLAB gave notice in writing of the grant of civil legal aid; or
  • The proceedings have been sisted or adjourned or have failed to proceed as a result of Covid-19; or
  • The number of days on which a diet of proof, debate or like hearing is held exceeds 20 days in any period subsequent to that covered by the immediately preceding claim; or
  • Counsel reasonably anticipates not receiving further instructions in the proceedings; or
  • An interval of no less than three months has elapsed since the immediately preceding claim was made;

Solicitors

Fees Criminal – Solemn incl. appeals

  • Where the proceedings include any diet which has been adjourned, regardless of duration, as a result of Covid-19; or
  • The trial/appeal exceeds 20 days (this does not include any other procedural hearing in the case); or
  • A trial/appeal diet has been set for a date at least six months from the First Diet or Preliminary Hearing, or procedural hearing; or
  • The trial/appeal has been adjourned for a period of six months or more; or
  • The fees properly incurred exceed £5,000; or
  • A period of no less than three months has elapsed since the date of grant of legal aid.

The interim fee payable is 75% of the fees that are eligible for payment and earned during the period covered by the claim. An account must be submitted to accompany the claim.

Outlays

  • A claim for reimbursement of outlays may be made if outlays in total amount to £150.

Criminal – Fixed payment

  • An interim payment claim for work done to date, in circumstances where the Covid-19 situation means there is little prospect of the matter concluding in the near future.

Criminal ABWOR – Fixed payment or detailed fees

  • An interim payment claim for work done to date, in circumstances where the Covid-19 situation means there is little prospect of the matter concluding in the near future.

Civil A&A incl. ABWOR (Note only applies in cases where there is no prospect of any recovery or preservation of property)

  • An interim payment claim for work done to date, in circumstances where the Covid-19 situation means there is little prospect of the matter concluding in the near future.

Outlays

  • A claim for reimbursement of outlays may be made if outlays in total amount to £100.

Civil Legal Aid (Details or Block Fees)

  • When a proof or debate has been assigned or 12 months after legal aid is granted – whichever is the earlier; or
  • In family cases, involving a child welfare hearing, when a proof or debate has been assigned or six months after legal aid is granted – whichever is the earlier; or
  • Where the proceedings include any diet which has been adjourned, regardless of duration, as a result of Covid-19; or
  • Where the fees properly incurred exceed £5,000; or
  • Each three months after the initial report.

The interim fee payable is 75% of the detailed fees (Schedule 5 claims) that are eligible for payment and earned during the period covered by the claim and 100% (schedule 6 claims) of any completed block fees.

Outlays

  • A claim for reimbursement of outlays may be made if outlays in total amount to £150.

Children’s

  • Where the proceedings include any diet which has been adjourned, regardless of duration, as a result of Covid-19; or
  • The proof exceeds 20 days (this does not include any other procedural hearing in the case); or
  • The proof has been adjourned for a period of six months or more; or
  • The fees properly incurred exceed £5,000; or
  • A period of no less than three months has elapsed since the date of grant of legal aid;

The interim fee payable is 75% of the fees that are eligible for payment and earned during the period covered by the claim. An account must be submitted to accompany the claim.

Outlays

  • A claim for reimbursement of outlays may be made if outlays in total amount to £150.