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Disbursements
 
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5.48You can claim disbursements in addition to the fixed fee,1Standard Civil Contract Specification 2013 para 4.6. provided that they meet the criteria set out in the contract:
it is in the best interests of the client to incur the disbursement;
it is reasonable to incur the disbursement for the purpose of providing controlled work, ie necessary for the purpose of giving advice to the client or progressing the case;
the amount of the disbursement is reasonable; and
it is not a disbursement which is specifically prohibited.2Standard Civil Contract Specification 2013 para 4.21 and subject-specific sections.
Disbursements that may not be claimed under controlled work
5.49The Standard Civil Contract Specification 2013 para 4.24 provides a non-exhaustive list of disbursements that may not be incurred in the provision of controlled work. Note that the same disbursements are prohibited for licensed work, save that court fees are an allowable disbursement under a certificate.3Standard Civil Contract Specification 2013 para 6.62. These disbursements are:
costs of (or expenses relating to) the residential assessment of a child or treatment, therapy, training or other interventions of an educative or rehabilitative nature unless authorised by the LAA;
Ad Valorem stamp duties;
capital duty;
client’s travelling and accommodation expenses save in the circumstances prescribed in the Costs Assessment Guidance and unless they relate to treatment, therapy, training or other interventions of an educative or rehabilitative nature or to the residential assessment of a child;
all fees, charges and costs of child contact centres, including assessments and reports on supervised contact, and of other professional assessments of contact between children and adults;
court fees unless for a search/photocopies/bailiff service or as part of Controlled Legal Representation or otherwise permitted by Category Specific Rules;
discharge of debts owed by the client, for example, rent or mortgage arrears;
fee payable on voluntary petitions in bankruptcy;
fee payable to implement a pension sharing order;
fee payable to the Office of the Public Guardian;
immigration application fees;
mortgagees’ or lessors’ legal costs and disbursements;
passport fees;
probate fees;
in the Family category of law only, costs of or expenses in relation to the provision of family mediation, conciliation or any other dispute resolution including family group conferences;
in the Family category of law only, costs or expenses of risk assessments within section 16A of the Children Act 1989 (as amended) and undertaken by Cafcass officers or Welsh family proceedings officers, including assessments of the risk of harm to a child in connection with domestic abuse to the child or another person;
in the Family category of law only, costs of or expenses relating to any activity to promote contact with a child directed by the court under sections 11A to 11G of the Children Act 1989 (as amended) – this includes all programmes, consideration of suitability under section 11E and other work to or with a view to establishing, maintaining or improving contact with a child or, by addressing violent behaviour, to or with a view to enabling or facilitating contact with a child;
any administration fee charged by an expert including, but not limited to, (i) a fee in respect of office space or provision of a consultation room, (ii) a fee in respect of administrative support services, such as typing services, (iii) a fee in respect of courier services and (iv) a subsistence fee;
any cancellation fee charged by an expert, where the notice of cancellation was given to the expert more than 72 hours before the relevant hearing or appointment.
5.50The LAA limits what it will pay in respect of experts to 45 pence per mile for travelling costs, and £40 per hour travelling time. Substantive work by experts will be limited to the hourly rates/fixed fees for that expertise set out in the remuneration regulations (see paras 5.123 and 11.15 below for more).
5.51Family practitioners should note the Standard Civil Contract Specification 2013 para 7.66, which states that:
Court fees are an allowable disbursement under Family Help (Lower) only where such fees are incurred for the purpose of obtaining a consent order. In all cases, court fees may only be incurred where they are a reasonable and proportionate step which satisfies the reasonable private paying individual test (regulation 7 of the Merits Regulations).
5.52This is slightly ambiguous, but it means that consent order fees are the only ones permitted and it must be reasonable to incur them.
5.53This contrasts with licensed work, where court fees are an allowable disbursement, and with Legal Help, where court fees are never allowable.
 
1     Standard Civil Contract Specification 2013 para 4.6. »
2     Standard Civil Contract Specification 2013 para 4.21 and subject-specific sections. »
3     Standard Civil Contract Specification 2013 para 6.62. »
Disbursements
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