Number of cases
4.18If advice and assistance has been given in a case, advice on appeal must be given as part of the same case (SCC B12.71(b)).
4.19Only one sentence case or one parole board case may be begun at any one time. A sentence case and a Parole Board case commenced concurrently are claimed as separate matters (SCC B12.35). Where there are distinct disciplinary cases you may commence concurrent matter (SCC B12.36). If there are a number of issues in a single matter, this will increase the core costs.
4.20In cases where a client is subject to disciplinary or Parole Board proceedings, advice and assistance is available but if it is clear that there will be an oral hearing the claim must be for advocacy assistance only (SCC B12.37). If it was not clear both may be claimed but the claim for advice and assistance falls due as soon as the matter is listed for an oral hearing (SCC B12.38).
4.21If the prisoner has received advice from another solicitor, work cannot be started towards a new claim until six months has passed, unless there is a gap in time and circumstances have changed, the client has reasonable cause to transfer or the previous solicitor confirms they will not make a claim (SCC B12.60).
4.22If a matter has been completed, a new claim may only be made in relation to the same problem if:
(a)a period of at least six months has elapsed; or
(b)there has been a material development or change in instructions and a period of three months has elapsed since the claim was made following a failure to receive instructions; or
(c)the advice initially provided formed only a minor part of the previous matter (SCC B12.67).