This page will contain updates to the 2011-12 Handbook tracking new developments since publication. All references are to paragraph numbers in the Handbook. This edition of the Handbook deals with cases started under the Access to Justice Act 1999 (opened pre-1st April 2013). For LASPO cases, see the 2013-14 edition of the Handbook. We also welcome feedback and suggestions to admin@legalaidhandbook.com. Para 3.27 Judicial guidance has been issued to London practitioners on exceeding the prescribed rates for experts in family cases; see our post. Para 3.62 Following the October fee cuts, an application for prior authority will be required where you want to pay an expert more than the allowed maximum rates. Form APP8A should be used. Paras 3.78, 3.85, 4.38 With effect from 1st May 2011, emergency certificates last 8 weeks. This is initially for a three month period to allow the LSC time to reduce their processing backlog, and will be reviewed after that period. See our post. In November 2011, it was announced that this would last until 31st January 2012 - see our post. Para 7.19 Bail applications remain part of the substantive matter, but with effect from July 2011, the hourly rates claim for bail work should be given a separate UFN from that of the main claim. The date to be used for the UFN is the date the main matter opened, not the date you were instructed to apply for bail or the date the application was made. See the LSC website announcement and the revised civil codes guidance (PDF). Para 9.8 The table at para B9.28 of the Specification sets out a guide to who may and who may not do police station work. For duty work, only a duty solicitor or accredited or probationary representative may undertake any police station work. However, a qualified solicitor who does not hold the Police Station Qualification may undertake own client work. This represents a relaxation of the rule in the 2008 Contract. Para 9.18 The case study was included in the text in error and should be disregarded. Para 9.21 With effect from 30th June 2011, the Criminal Defence Service (General) (No 2) Regulations 2001 are amended to add a new Regulation 3(t). This provides that proceedings under sections 26, 27 and 29 of the Crime and Security Act 2010 (domestic violence protection orders and notices) are criminal for the purposes of legal aid. These orders are operating from this date in 3 pilot areas in England. The LSC have issued a guidance note (PDF) on these cases. Chapter 10 See details of the fee cuts applicable to work started on or after 3rd October 2011. See also the revised Costs Assessment Guidance. Chapter 11 See details of the fee cuts applicable to work started on or after 3rd October 2011. Para 11.5 The case study was included in the text in error and should be disregarded. Para 11.10 When a case changes supplier, the first supplier should always claim a category one fee (where a fee is chargeable at all in the Magistrates Court), except where the same fee earner moves firms and takes the case with them, where the two firms are or will be closely related (e.g. through merger or spin-off), or where the first firm has had its contract terminated. If any of those apply, the first supplier may not claim, and the second supplier should claim on behalf of both. See para B10.93 and 10.94 of the Specification. From October 2011, an LAC1 form, signed by the Court, will be required to accompany LGFS claims where the Magistrates Court declined jurisdiction. Youth Court cases that would be indictable only in an adult court, where the client pleads guilty, attract a category one fee notwithstanding the wording of the Funding Order. Para 11.16 Preliminary hearings are standard appearances for the purposes of the LGFS and can be so claimed - see our post. Para 12.12 For legal aid certificate cases started on or after 3rd October 2011, there are prescribed rates for barristers for the first time. Solicitors should draw to counsel's attention when instructing them that the rates apply. Paras 12.15 and 12.16 On 6th June 2011, the Bar Council issued a guidance note to barristers undertaking civil legal aid cases advising barristers that they can accept instructions using the standard contractual terms in the Bar Code of Conduct, suitably amended to allow LSC regulations to take precedence over contractual terms. Para 16.7 The LSC have now announced their plans for family tenders to start from February 2012. Tenders are likely to be issued in September 2011 and both existing contractors and new entrants will be able to tender. See our post for more. Para 17.19 See also the LSC's "Provider Dashboard" for its rating of the relative importance of KPIs Chapter 18 This chapter should be read alongside the LSC's guidance on audits. Para 18.4 See the judgement in Henthorn v Legal Services Commission and our commentary for more on when the LSC can recoup old payments on account. Para 18.15 - 18.22 With effect from 11th July 2011, the LSC has changed the process for contract compliance audits. Instead of a sample of 20 files, followed by a much larger second sample if there are concerns, the LSC will rely on a single sample of between 30 and 50 files. See our post for more.