National Taxing Team
Claim Guidance
Lodging a Claim
The NTT determines all "ex post facto" (i.e. discretionary after the event) claims for defendants' costs arising form Crown Court cases, and central funds claims in the Magistrates Court.
In the Crown Court these include (1) the remaining claims relating to publically funded work i.e. claims for work under a representation order not falling within the graduated fee schemes for advocates and litigators, solicitors' standard fee scheme, or contracted to the LSC's very high cost case unit, (2) claims for costs out of central funds, and (3) costs inter partes arising in certain Crown Court matters.
In the Magistrates Court this includes all claims for costs out of central funds where the amount to be allowed has not been fixed by the court, and the claim is not comprised exclusively of the defedant's expenses.
Claims should be filed with the NTT within three months of the end of the proceedings. On receipt of the claim the NTT will request the relevant papers from the Court and when these are received the claim will be allocated to a Determining Officer (DO). Following determination payment information is submitted electronically to the Court Service paying agents for processing.
In Crown Court cases practitioners have twenty-one days to request a redetermination if they are dissatisfied. The DO may decide to make an additional payment on redetermination. If the practitioner remains dissatisfied, the DO may be asked to provide reasons in writing for the decisions made on determination and redetermination. Once written reasons have been obtained, the practitioner may appeal to the Costs Judge.
In Magistrates Central Funds claims the NTT will continue the former Magistrates Court practice of an informal scheme of review.
In practice redeterminations are sought in about 8% of cases and written reasons in less then 1%.
The statutes and regulations governing the costs determinations carried out by the NTT are set out below together with guidance on particular issues and general guidance as to how claims should be lodged.
Public funding of restraint order work under POCCA 2002
The NTT is aware that some Crown Courts have issued representation orders covering work done where Restraint Orders have been sought in the Crown Court under POCCA 2002. Public funding for such matters is only available under Advice and Assistance or under the Community Legal Service. The funding of such work is fully dealt with on page 16-17 of LSC Focus # 54
Guidance on Ex Post Facto Claims
The schedule fees and rates payable to litigators and advocates under the Criminal Defence Service (Funding) Order
What remains as claimable ex post facto after 30th April 2007
The ex post fact scheme for litigators' Crown Court costs for representation orders dated before 14th January 2008
What to do if you are, or are likely to be, making a claim outside the time limits laid down in the regulations. How we will deal with such claims.
The NTT scheme for expeditious payment of small claims
When the NTT will allow in a Crown Court legal aid claim, costs for work done in the Magistrates Court
Following the Criminal Defence Service (Funding) (Amendment) Order 2005 uplift in litigators claims was limited to a maximum of 100% in any circumstances and can be claimed only in respect of certain offences
Litigator's support for Advocates in the Crown Court
When the NTT will allow costs for the litigator's representative sitting behind counsel.
Claiming for work associated with an appeal to the Court of Appeal Criminal Division
Exactly who is responsible for payment of claims for costs relating to work done on appeal to Court of Appeal and why it is often not the NTT.
When Costs out of Central Funds are available, guidance on the hourly rates to be allowed and other matters.
Inter partes costs in the Crown Court
Inter partes costs orders in the Crown Court (for example arising out of licensing appeals) previously conducted under the Crown Court Rules are now conducted pursuant to part 78 of the Criminal Procedure Rules 2005.
The arrangements and dates for payment of determined costs by our paying agents
If you object to the costs allowed by the NTT here is how to seek a review by the determining officer
Appeal to the Costs Judge in Crown Court Cases
Having had a redetermination and obtained the Determining Officer's written reasons, guidance on how to make an appeal to the Costs Judge
Graduated Fees
Discretionary determination of publically funded criminal work under a representation order has now almost completely been replaced by graduated fee schemes.
Comprehensive guidance on the Crown Court Advocates Graduated Fee scheme
A redirect to the Legal Services Commision website
The Principal Documents
Determining Officers are creations of statute and regulation, in which their powers are set out. Their discretion must be exercised judicially in accordance with statute, regulation, and practice.
The statutes and statutory instruments governing costs under a representation order, costs to privately represented defendants, and costs between parties in the Crown Court.
Criminal Costs Practice direction (2004)
The provisions in this Practice Direction took effect from 18 May 2004. The provisions of the direction are explained in the Guide, below.
Guide to the Award of Costs (2004)
The Practice Direction (Costs: Criminal Proceedings) [2004] 2 All ER 1070, which was handed down on 18 May 2004, deals with all aspects of costs in criminal proceedings. This guide explains the provisions
Taxing Officers Notes for Guidance (1995)
This is the 1995 issue of the Notes for Guidance for Crown Court determining officers, first issued by the Chief Taxing Master in 1972. They do not bind any taxing authority or limit judicial discretion in any way, save where they accurately reflect a decision of the High Court or a statutory provision.
Directions for Determining Officers (1989)
These are the directions issued to Determining Officers in the Crown Court by the Appropriate Authority as to how they should interpret and apply the Legal Aid in Criminal and Care Proceedings 1989. These Directions have not so far been updated in light of the Criminal Defence Service (Funding) Orders 2001 and 2007.
Guide to Allowances for Witnesses and Experts (June 2007)
This guide relates to the current allowances payable under Part V of the Costs in Criminal Cases (General) Regulations 1986.
LSC Criminal Costs Assement Manual (2007)
A revision marked copy of the April 2007 Integrated Criminal Bills Assessment Manual. This Manual sets out the Legal Services Commission's approach to costs assessment where work is undertaken in the magistrates' court under a representation order and the provisions are not necessarliy binding on a Crown Court determining officer.