As all criminal practitioners will know, the “lockdown” measures have resulted in trials being adjourned en masse. This can have a disastrous impact on cashflow as most firms do not bill until the case has concluded.
However, some years ago, solicitors were given the right to make interim claims and now might be the right time to take advantage of this right:
- After an effective PTPH, 75% of the cracked trial fee can be claimed
- Once the trial begins, a 1 day trial fee can be claimed.
In the current situation, (a) is probably more likely to be of assistance – particularly where the PPE count is sizeable.
Be aware though that in respect of the determination of interim claims, there is no right of appeal. Of course the LAA may choose to consider any representations in respect of an assessment but they are not required to. Thus, disputes about the correct amount of PPE – particularly where it relates to electronic PPE – may have to await the conclusion of the case before they can be settled.
In addition, firms have always been able to make hardship claims and the LAA have indicated that, for all practical purposes, hardship will be assumed in the current climate. Previously, firms had to provide evidence of hardship. Also, hardship claims used to be restricted to cases where the total amount to be claimed would be £5,000 or more. This has now been revised to a figure of £450. It is not clear how much the LAA will pay – the regulations simply say it is at the discretion of the determining officer with the rather obvious proviso that it must not exceed the likely final bill.
Given the provisions regarding interim claims, I don’t imagine these provisions will be of much assistance when it comes to LGF claims, however, they may well help for any large POCA cases that are still ongoing.
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