Part 2: Claims in the Court of Appeal and Divisional Court
Representation orders: making the claim
6.9In relation to the Court of Appeal, the Remuneration Regulations 2013 provide for payments to litigators in the rare cases when a representation order is granted in appeal proceedings; and for advocates. The rates appear in Schedule 3 (see appendix J). Regulation 6 provides for litigators; enhancement is available under paragraph 8 of Schedule 3 except for cases in Classes F, G and H. Paragraph 9 provides power to increase the rates payable to advocates in exceptional circumstances.
… Any claim must–
(a)summarise the items of work done by a fee earner in respect of which fees are claimed according to the classes of work available;
(b)state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person;
(c)specify, where appropriate, the level of fee earner who undertook each of the items of work claimed;
(d)give particulars of any work done in relation to more than one indictment or a retrial; and
(e)specify any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them.
(4) Where the litigator claims enhancement in relation to an item of work, the litigator must give full particulars in support of the claim.
(5) The litigator must specify any special circumstances which the litigator considers should be drawn to the attention of the appropriate officer.
Representation orders in the Court of Appeal may be retrospective in their effect.
1Criminal Legal Aid (Determinations by a Court and Choice of Representatives) Regulations 2013 SI No 614 reg 8(2).Remuneration
6.10In determining fees in accordance with Schedule 3 (appendix J) the Registrar of Criminal Appeals must, subject to the provisions of the Schedule –
(a)take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved; and
(b)allow a reasonable amount in respect of all work actually and reasonably done by a fee earner of appropriate seniority.
Reference should be made to chapter 1 for a discussion of the relevant issues. Disbursements will also be allowed with controls on travel costs and the costs of transcripts. These issues are discussed at chapter 8.