Travel costs and parking
8.9A mileage rate for contract work of £0.45 per mile is prescribed in the SCC at A5.50. In relation to the higher courts, guidance is given in the Guide to Allowances under Part V of the Costs in Criminal Cases (General) Regulations 1986
4The last version of this guide is dated June 2007 and available at http://webarchive.nationalarchives.gov.uk/. See also CCFG 1.17.12. identifying the two possible rates paid for the distance actually and reasonably travelled. These are a public transport rate and a standard rate. The guidance states:
8.6 24(5) – Private Motor Vehicles. A witness may choose to travel to court using a private motor vehicle. Where a private motor vehicle is used the expense incurred may be reimbursed by payment of a mileage rate. There are two categories of mileage rate – public transport rate and standard rate.
8.7 The standard rate of mileage may only be paid where the use of a private motor vehicle was necessary (for example, because no public transport was available), or where a considerable saving of time is made (for example, where the witness would have been required to stay overnight, or leave and return at unreasonable hours, if public transport was used), or the use of a private motor vehicle was otherwise reasonable (for example, in the case of elderly or disabled witnesses, or witnesses carrying exhibits).
8.8 In all other cases, public transport rates apply. The public transport rate is a rate per mile calculated to be equivalent to the average cost of public transport. Thus, where the court at which a witness is required to attend is reasonably accessible by public transport, though the witness may choose to use a private motor vehicle, reimbursement is limited to the public transport cost.
Regulation 24: Travelling allowances
5CCFG 1.17.12.
(a) Public Transport Rate – |
Motor cars 0.25p |
(b) Standard Rate – |
Motor cars 0.45p |
8.10These principles are confirmed by CCFG 1.17.13. In the Crown Court regulation 17(2) of the Remuneration Regulations 2013 provides that if the costs are abnormally large by reason of distance, they may be reduced to what otherwise would be reasonable. Reasons must be given to justify such travel, for example particular expertise or the perception by the client of too close a local contact with official bodies or the police.
6See Truscott v Truscott; Wraith v Sheffield Forgemasters [1997] 2 Costs LR 74.8.11If private transport can reasonably be justified the mileage rate payable is £0.45 in all cases, whether inside or outside the designated areas. Reasonable parking costs will then also be met. However if public transport could reasonably have been used the mileage rate reduces to £0.25 and parking costs will be disallowed. It is therefore important to justify each journey.
8.12There are many justifications for using private transport – the need for confidentiality; the weight of the papers; the impossibility of reaching the court or prison on time, or returning at a reasonable hour, without private transport; the absence of public transport; disability needs; the need to travel on to another appointment; and very often the fact that it is cheaper than public transport. In this -calculation the cost to the litigator of the travel time (at legal aid rates) may be included even though this may be lost in standard or graduated fees.
8.13Any reduction must make allowance for such notional travel time.
7R v Slessor TMC S23. This was confirmed in
R v Lawlor.
8SCCO 444/15. The balancing exercise between travel time and travel costs is required whether the cost of time added using a slower means of transport is borne by the solicitor or the LAA. If a saving in direct travel cost will be outweighed by the additional cost of the time wasted in travelling by less efficient means then the less efficient means of transport will not be a reasonable choice by the solicitor.
8.14Mileage should in normal circumstances (during the week) be calculated from the solicitor’s office unless their home is nearer but Google is not a reliable substitute for local knowledge of typical -traffic conditions and public transport difficulties at particular times of day.
8.15The LAA will allow VAT on travel costs when added by practitioners who are registered.
8.16Advocates cannot normally recover travel costs if there is a local Bar, unless prior authority is obtained. Travel costs will then normally be paid as if from the nearest bar unless the advocate’s office or chambers is nearer.
8.17The LAA sets out the rates that will normally be allowed for travel and accommodation costs in the Crown Court Fee Guidance.
8.18Receipts for all disbursements should when available be kept on file and all disbursements of over £20 (exclusive of VAT) must be vouched with the relevant bill.
8.19Disbursements incurred in the magistrates’ court may be claimed on the Crown Court bill when there is no lower court bill on which the claim can be made.
9Remuneration Regulations 2013 reg 5(2).