For cases where the Representation Order is dated 17th September and after, there is now provision for payment for consideration of unused material. This payment only applies where the case is either a cracked trial or a trial.
The procedure for claiming depends on the amount of hours spent considering the Unused Material:
Time spent less than 3 hours
Then there is a set fee payable which depends on the grade of fee earner undertaking the work:
| Grade of litigator | Outside London | London |
| Senior solicitor | £72.54 | £76.31 |
| Solicitor, legal executive or fee earner of equivalent experience | £61.59 | £64.68 |
| Trainee or fee earner of equivalent experience | £40.73 | £46.55 |
The fee is equivalent to 1.5 hours at the POCA/Special Preparation rate for the relevant fee earner. Unfortunately, there will now inevitably be disputes about the correct grade of fee earner for the work. Practitioners will always claim according to the actual grade of fee earner used. However, it may be that the LAA will assert that in particular cases a “Grade C” litigator should have done the work. We shall have to see how this pans out in practice
Time spent between 3 and 30 hours
If the time spent was more than 3 hours but less than 30 hours then claim is still submitted via the Crown Court billing portal and the Unused Material claim form should be used. This is available here: https://www.gov.uk/government/publications/lf1-claim-litigator-fees
This is submitted to the LAA via the Crown Court billing portal. Where the claim is for between 3 and 10 hours, a work log does not need to be provided (although it seems sensible to prepare one in any event). Where the claim is for between 10 and 30 hours then a work log must be provided.
Time is charged at the POCA/Special Preparation rate:
| Grade of litigator | Outside London | London |
| Senior solicitor | £48.36 | £50.87 |
| Solicitor, legal executive or fee earner of equivalent experience | £41.06 | £43.12 |
| Trainee or fee earner of equivalent experience | £27.15 | £31.03 |
Time spent over 30 hours
Finally, if the time spent was more than 30 hours then the same form is used and there are the same requirements regarding submission of a work log. However, for these cases, the claim is considered by the CCU. The hourly rates payable are the same. Obviously, the greater the time claim, the greater the scrutiny practitioners can expect from the CCU
Key documents:
The relevant SI:
https://www.legislation.gov.uk/uksi/2020/903/regulation/5/made
Appendix E of the LAA Crown Court Guidance:
https://www.gov.uk/government/publications/crown-court-fee-guidance
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