Court duty solicitor
Attendance
3.1Attendance is paid by hourly rates for all time actually and reasonably spent at court, when not undertaking own client work. If a duty case concludes on the day, no claim may be made on a representation order for that work (SCC B10.14).
3.2It is reasonable to arrive in sufficient time to have cases ready for the court’s normal start time, and to remain at court to complete all relevant paperwork or applications, including applications for a representation order. A claim cannot be made for a luncheon adjournment, although it is appropriate if the time is actually used on the casework. Solicitors will seek to ensure that any waiting time is undertaken as duty solicitor. The rates below are exclusive of VAT and apply to all appearances on or after 1 April 2016.
Type of rate | National hourly rate | London hourly rate |
Standard rate (attendance and waiting at a magistrates’ court) | £49.14 | £50.32 |
Enhanced rate (only payable in respect of work done on a day which is not a business day) | £61.41 | £62.87 |
Travelling (only payable where the duty solicitor is called out (including being called to return) to the court from the office or attends on a day that is not a business day). Reasonable travel expenses may then also be claimed | £24.00 | £24.00 |
Travel
3.3Travel is payable (Remuneration Regulations 2013 Sch 4 para 4(1)):
•when there is no rota and a solicitor is called in; or
•when a rostered duty solicitor has left court and has to return; or
•on a Saturday and bank holiday (the travel may be claimed from a home address if that is further than the office).
In these circumstances travel costs may also be recovered.
Claim code
3.4‘PROD’ is used. No outcome code is required, nor are individual -client details or case information, for billing purposes.
Exclusion
3.5These provisions do not apply to the virtual court duty solicitor who claims for payment in accordance with the following section for clients introduced to them by the Defence Solicitor Call Centre (DSCC).