Interim fees & outlays claims – what you can do now

Counsel

Criminal & Children’s

  • Where the case is adjourned for a period exceeding three months
  • The trial/proof has lasted more than 20 days (and every 20 days thereafter)
  • 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 no less than six months has elapsed since the date on which SLAB gave notice in writing of the grant of civil legal aid
  • An interval of no less than six months has elapsed since the immediately preceding claim was made; or
  • Counsel reasonably anticipates not receiving further instructions in the proceedings
  • Where 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.

Solicitors

Fees Criminal – Solemn incl. appeals

  • the trial/appeal exceeds 20 days (this does not include any other procedural hearing in the case); or
  • a period of no less than 12 months has elapsed since the date of grant of legal aid; or
  • a trial/appeal diet has been set for a date at least 6 months from the First Diet or Preliminary Hearing, or procedural hearing; or
  • the trial/appeal has been adjourned for a period of 6 months or more; or
  • the fees properly incurred exceed £10,000.

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

Outlays

  • A claim for reimbursement of outlays may be made if outlays in total amount to £750.

Criminal – Fixed payment

  • No provision for reimbursement of outlays or interim payment of fees is available.

Criminal ABWOR – Fixed payment or detailed fees

  • No provision for reimbursement of outlays or interim payment of fees is available,

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

  • 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
  • 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
  • Each 12 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.

Children’s

  • The proof exceeds 20 days (this does not include any other procedural hearing in the case); or
  • A period of no less than 12 months has elapsed since the date of grant of legal aid; or
  • A proof diet has been set for a date at least 6 months from the pre-proof hearing; or
  • The proof has been adjourned for a period of 6 months or more; or
  • The fees properly incurred exceed £10,000.

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