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Type of work
No prior approval required
Prior approval is needed
Whether or not prior approval required, are there guidelines on how cost will be assessed?
Bond of caution premium
No prior approval required for the first bond of caution premium following appointment of a guardian in an AWI case.
Commission and diligence for recovery of documents
Commission and diligence for recovery of documents where optional procedure has been exhausted.
Commission and diligence for recovery of documents where optional procedure has not been exhausted, or where no time to use optional procedure.
Commission to take evidence of witnesses
Any work to commission the taking of evidence of witnesses.
Consultation with counsel at expert’s practices
Prior approval required for a consultation with counsel at an expert’s practices thus incurring substantial time and travel costs.
No prior approval required to cover applicant’s half share of the cost where legal aid is in place and the certificate includes contact.
Prior approval is needed to cover more than the applicant’s half share of the cost and any pre-certificate work.
Payment would normally be based on the half share unless otherwise allowed by us.
We can only pay for sessions that actually take place. (We cannot pay for planned sessions which were abandoned for whatever reason). Costs are variable depending on who is involved, for example social worker or professional.
If a final interlocutor is made, ordering contact on a supervised paid for basis, then this is an expense that your client has to meet from their own funds. We cannot be responsible for any costs in connection with supervised contact after the court case has concluded.
Scenarios in which prior approval not required
Prior approval required
Any specific evidence required/tips
Blood/hair strand test for drug/alcohol testing of the applicant where the report is factual in nature
Copy court interlocutor, where applicable/ Evidence of medical qualifications/ Invoicing requirements.
Witnesses travelling from abroad
Where witnesses travelling from abroad.
No prior approval is needed for certain alimentary decrees.
Apart from certain alimentary decrees, post–decree diligence requires prior approval.
Costs of assisted person attending court
Prior approval should be sought detailing the reasons why the client is unable to pay their own costs. These costs will only be met in exceptional circumstances.
This may be allowed where this is ordered by the court as a means to resolve a family dispute.
The therapist to be instructed should be a fully qualified family therapist who is a member of the Association for Family Therapy, which is regulated by the UK Council for Psychotherapy, the British Association for Counselling and Psychotherapy, COSCA (Counselling & Psychotherapy in Scotland) or another recognised regulatory body.
Any work related to keeping a watching brief on relevant proceedings.
Mediation - Family
To cover applicant’s half share of the cost so long as a relevant grant of legal aid is in place. This includes where AP wants to ask the court to make a remit for mediation.
Prior approval is needed to cover more than the applicant’s half share of the cost/ any pre-certificate work.
If the court orders family mediation or it is agreed between the parties as a means to resolve a family dispute, then we will meet the assisted person’s one half share of the cost.
Our policy is to pay applicant’s half share of the cost based on a maximum hourly rate of £105.20 (that's £52.60 per hour). The mediator should be CALMS or FMS accredited. We will pay for the set-up fee and pay for one individual session before mediation commences.
Mediation - Non-Family
Prior approval is required for non- family mediation.
Where prior approval is granted, then we will meet the assisted person’s one half share of the cost.
Prior approval is required for pagination costs.
Police precognition charges
Prior approval is required for charges for police precognitions.
Extension of shorthand writer’s notes where court has ordered this ex proprio motu.
Extension of shorthand writer’s notes where not ordered ex proprio motu.
Statutory reports under the Adults With Incapacity Act 2000
If report is mandatory in AWI proceedings being raised, or is ordered by court, AND will cost less than £3,000, no prior approval is needed.
Second or subsequent reports, or reports other than the first set of statutory mandatory reports require prior approval in AWI cases.
If the cost of a first report, which is mandatory in proceedings being raised or ordered by court, is to exceed £3,000, prior approval for unusually large expenditure is required.
Transcript of evidence
Obtaining a transcript of evidence where court has ordered this ex proprio motu.
Obtaining a transcript of evidence where not ordered ex proprio motu.
Interpreting & translation
Interpreting and translation costs for the applicant (but please note there are limits on what we can pay. We have a dedicated webpage about interpreting and translating.
Prior approval is required for interpreting or translation for the benefit of someone other than the applicant
We have a dedicated webpage about interpreting and translating.