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

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;

Fees Criminal – Solemn incl. appeals

You may make an interim claim for fees if:

• It is your first fee claim and a period of no less than 12 months has elapsed since the date of grant of legal aid; or
• It is a second or subsequent claim and an interval of no less than three months has elapsed since the immediately preceding fee claim was made; or
• 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.

The interim fee payable is 100% of the fees that are eligible for payment and earned during the period covered by the claim. No account requires to be submitted to accompany the claim you simply require to provide a note of the fees being claimed.

You should follow this step by step civil guidance to make your interim claim. The process for criminal is very similar.

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.
• You may submit a supplementary claim every three months thereafter.

In circumstances where the matter is not concluded and you are submitting a supplementary claim three months after the previous claim, you should select the ‘other’ option from the drop down list and insert ‘Covid 19 – 3 months interim claim’ as the reason.

Follow the guidance here when making a claim.

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.
• You may submit a supplementary claim every three months thereafter.

In circumstances where the matter is not concluded and you are submitting a supplementary claim three months after the previous claim, you should select the ‘other’option from the drop down list and insert ‘Covid 19 – 3 months interim claim’ as the reason.

Follow the guidance here when making a claim.

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.
• You may submit a supplementary claim every three months thereafter.

In circumstances where the matter is not concluded and you are submitting a supplementary claim three months after the previous claim, you should select the ‘other’ option from the drop down list and insert ‘Covid 19 – 3 months interim claim’ as the reason.

Follow the guidance here when making a claim.

Outlays

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

Civil A&A incl. ABWOR (where there is a prospect of a recovery or preservation of property)

• A period of no less than three months has elapsed since the date of grant of advice and assistance;
• An interval of no less than three months has elapsed since the immediately preceding claim was made.

The interim fee payable is 100% of the fees that are eligible for payment and earned during the period covered by the claim. No account requires to be submitted to accompany the claim you simply require to provide a note of the fees being claimed.

Follow the guidance here when making a claim.

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
• An interval of no less than three months has elapsed since the immediately preceding claim was made.

The interim fee payable is 100% 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 block fees covered by the claim. No account requires to be submitted for a claim made in respect of detailed fees you simply require to provide a note of the fees being claimed. An account is required for all claims being made under schedule 6 block fees.

You should follow this step by step civil guidance to make your schedule 5 detailed claim.

Outlays

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

You may make an interim claim for fees if one or more of these situations applies:

• A period of no less than three months has elapsed since the date of grant of legal aid; or
• Where the proceedings include any diet which has been adjourned, regardless of duration, as a result of Covid-19; or
• An interval of no less than three months has elapsed since the immediately preceding claim was made; 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.

The interim fee payable is 100% of the fees that are eligible for payment and earned during the period covered by the claim. No account requires to be submitted to accompany the claim you simply require to provide a note of the fees being claimed.

You should follow this step by step civil guidance to make your interim claim. The process for Children’s is very similar.

Outlays

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