•5.1Litigators’ fees are always separate from, and added to, advocacy fees and because the fees are usually fixed there are substantial advantages in having the work done by the same person.

•Fees for cases that are not sent for trial but are committed for sentence or for breach of a court order, or for appeals are described at paras 5.94 and 5.161.

•Fees for prescribed proceedings such as appeals against a football banning order made in civil proceedings in the magistrates’ court are described in chapter 10.

•Fees for cases sent for trial at the election of the defendant are fixed unless there is trial or the Crown offers no evidence on ALL matters. These are described at paras 5.104 and 5.173.

•In other indictable cases sent for trial, litigator and advocacy gradu-ated fees are payable. Various proxies are used to identify the fee. Of these, in the majority of cases, page count is the most significant. The schemes are entirely mechanistic and the fees are calculated according to the rules whatever the justice of the outcome1R v Kemp (X15) 3633/99. whether advantageous2R v Chubb [2002] 2 Costs LR 333. or disadvantageous.3R v Dhaliwal [2004] 4 Costs LR 689.

•Hourly rates are only payable in limited circumstances mainly around confiscation and special preparation.