Interim staged and hardship payments on account
9.26The Remuneration Regulations 2013 allow for various types of -interim staged or hardship payments.
Interim payments of disbursements
1See CCFG 1.14. Use Form LF1 interim.9.27Disbursements under the SCC are paid as part of the standard -monthly payment and the prior authority sought electronically on Form CRM4 provides security against the sum being reduced or refused on audit. There is a payment on account only in wholly exceptional case where the disbursement exceeds the standard monthly payment.
2SCC B10.109–10.113.9.28However, in the higher courts Remuneration Regulations 2013
3Remuneration Regulations 2013 reg 14. payments will be made where the firm has incurred a liability of £100 or more for a disbursement and a claim is made electronically on Form CRM4.
9.29Once prior authority has been given an application for a payment on account may be made by submitting the authority and the invoice concerned. This significantly reduces the cash flow difficulties of having to meet liabilities for disbursements before the end of a case.
9.30If there are likely to be a series of bills individually below £100 (such as for interpreters) it is best to identify the total costs likely to be involved over a period of time so that an authority can be obtained and a payment on account made.
Interim payments to advocates in case awaiting determination
4Remuneration Regulations 2013 reg 18. See CCFG 1.18–1.19.9.31This entitlement arises when the graduated fee is £4,000 or more and there is a delay of six months since the conclusion of the proceedings against the person represented; three months must also have elapsed since the claim was lodged or all proceedings concluded. This will assist where there are continuing proceedings against co-defendants or protracted confiscation proceedings. Forty per cent of the fees due is paid.
5Remuneration Regulations 2013 reg 19.Interim payments to litigators
6Remuneration Regulations 2013 reg 17A; see CCFG 1.17A. Claims are made on Form LF3 to the LAA’s Nottingham office. The claim at the end of the case is then made on Form LF3A.9.32In each case the interim payment is made on the basis of the PPE at the relevant date and any defendant uplift appropriate.
9.33A first interim payment is due in cases where there has been an effective hearing at which a not guilty plea has been entered, except in cases where the defendant elected for trial.
9.34The value of the claim is 75 per cent of the cracked trial rate for the particular case.
9.35A second interim payment is due where a trial has commenced and the estimated length is at least 10 days.
9.36The value of the claim is the fee for a one-day trial for the particular case. The value of the first interim payment (if claimed) will be deducted.
9.37The third set of interim payments is made in relation to cases that go to retrial. When a different litigator is instructed the first interim claim can be made when the date of the retrial date is set and the representation order transferred. The value is 50 per cent of the cracked trial fee. The second interim payment is available once the trial had -commenced and is estimated to last for at least 10 days. The fee is that for a one-day trial les any first interim payment made.
9.38Claims are made on Form LF3 with the final claim on Form LF3A.
Staged payments for advocates
7Remuneration Regulations 2013 reg 20. See CCFG 1.20.9.39This entitlement arises for each occasion when there has been prepar-ation of 100 hours or more if the Crown Court case is likely to have in excess of 12 months between the sending (or later grant of legal aid) and the conclusion of the case.
Hardship payments
8Reg 21. See CCFG 1.21.9.40These applications can be made when:
•the firm or advocate has acted in relation to Crown Court proceedings for at least six months; and final payment is unlikely for three months; and
•the delay is likely to cause financial hardship; and
•the amount due is at least £5,000.
The LAA also has extra-statutory arrangements in place where significant bills in excess of £10,000 are delayed in payment.