Definition
7.1The Remuneration Regulations 2013
1Criminal Legal Aid (Remuneration) Regulations (‘Remuneration Regulations’) 2013 SI No 435. reg 2 identifies, and the Standard Crime Contract (SCC) requires the notification in writing as soon as possible of any case likely to fall within the defin-ition of a very high cost case (VHCC) – essentially a case that may last for no fewer than 25 days. However, the Legal Aid Agency (LAA) presently only requires notification if the case may last no fewer than 40 days.
2Crown Court Fee Guidance (CCFG) 1.12. The full definition in the Remuneration Regulations 2013 reg 2 is:
… a case in which a section 16 determination has been made and which the Director classifies as a Very High Cost Case on the grounds that –
(a)in relation to fees claimed by litigators –
(i)if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last for more than 40 days and the Director considers that there are no exceptional circumstances which make it unsuitable to be dealt with under an individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act [Legal Aid, Sentencing and Punishment of Offenders Act 2012]; or
(ii)if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last no fewer than 25 and no more than 40 days and the Director considers that there are circumstances which make it suitable to be dealt with under an individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act;
(b)in relation to fees claimed by advocates, if the case were to proceed to trial, the trial would in the opinion of the Director be likely to last for more than 60 days and the Director considers that there are no exceptional circumstances which make it unsuitable to be dealt with under an individual case contract for Very High Cost Cases made by the Lord Chancellor under section 2(1) of the Act.
7.2Very high cost cases do not fall within the Standard Crime Contract
3SCC 7.1 and no further claim can be made under the contract
4SCC 7.5. once a case has been classified by the LAA as a VHCC.
5SCC 7.2.