OUR COSTS

Advice and assistance at a Police interview (whether you are under arrest or attending as a volunteer) is paid for under the Legal Aid Scheme, irrespective of your income. An interview under caution forms one part of a Police investigation. The whole investigation process may take many months to conclude.

Advice and assistance provided to you other than at a Police station (prior to charge) may be funded under the Advice and Assistance Scheme. We may ask you to complete forms CRM1 and 2 to determine eligibility. The threshold for this funding is low. If you are in employment you are unlikely to qualify. If you are not eligible for advice and assistance under this scheme, we will discuss with you how this work is to be funded and forward to you a copy of our Terms of Business and Costs Information for private clients.

Investigations by non-Police agencies e.g. HSE, DWP, RSPCA etc. are not funded under the Police station scheme. You may however be eligible for advice and assistance and we will assess whether or not you qualify. You will be asked to complete forms CRM1 and 2 to determine eligibility. The threshold for this funding is low. If you are in employment you are unlikely to qualify. If you are not eligible for advice and assistance under this scheme, we will discuss with you how your case may be funded and forward to you a copy of our Terms of Business and Costs Information for private clients. We may be able to offer a fixed fee service.

If you are not eligible for Legal Aid for your case, you will have to discharge our fees upon a private client basis. Legal aid is not available for most motoring offences.

Our fees are calculated based on the time spent working on your case.  Our hourly rates for Solicitors and Fee Earners are as follows:

These rates apply to attendances, preparation, and advocacy. Routine letters/emails written on your behalf and routine telephone calls, made and received, will be charged as units of a tenth of an hour. Longer letters or telephone calls will be charged based on the time spent.

Travelling time and waiting time is charged at £110/hour + VAT, except for the Managing Director whose rates are £150/hour + VAT.   Mileage is charged at 50p per mile. Parking or fares are charged at the rate at which they are incurred.

There may be other expenses which you will have to pay in connection with your case.  These might include fees for experts reports, enquiry agents fees and barristers fees.  They are referred to as disbursements.  VAT is payable on the majority of disbursements.

Every 12 months, on the 1^st February, we review our hourly rates, to take account of any changes in our overhead costs.  We will notify you in writing, of any increased rates.

At the start of case we will provide a written estimate based on the information we have about your case at that stage. This will be between a certain range of anticipated fees/disbursements. This estimate will be kept under continual review.

The costs for your case may be higher if, for example, the issues become more complex than originally expected.  If this occurred, we would notify you in writing, and provide you with a revised estimate of our costs.

We will add VAT to our costs at the rate that applies when the work is done. The rate of VAT is 20%.

We will require a payment on account of costs and disbursements at the outset of the case and before any court appearance.  This enables us to commence important preparatory work.  Further payment on account of costs/disbursements will be required when the sums paid are exhausted.  You will receive interim bills from our Accounts Manager scheduling the work undertaken and the costs to date.

Prior to the conclusion of your case, you will receive an invoice which will detail the costs incurred to date and the anticipated costs up to the conclusion of your case. These costs must be settled by you prior to your trial/final hearing.

Fixed Fees

In certain circumstances we may be able to quote you a fixed fee to conduct all / part of your case. This is subject to an initial assessment to establish that the case is suitable which will depend upon, for example, the complexity of the case and the nature of your plea.

This is generally in straightforward, one or two hearing cases. The fixed fee would be discussed and agreed with you prior to us acting.

There is no standard fixed fee system, and any such quote would be case specific taking a number of factors into account, e.g. location of hearing, type of hearing, complexity and likely duration.

Any such fixed fee covers the following work:

1. Liaison with the Court and Crown Prosecution Service
2. Obtaining considering and advising upon the Prosecution case papers
3. All letters and telephone calls
4. Travel to and from Court
5. Attendance at Court on all parties and conducting your case to conclusion
6. Post sentence advice upon the outcome and appeal options (if necessary)

Occasionally a fixed fee case has unexpected or unforeseen developments for example, necessitating more court appearances, attendances, or paperwork, which would not be covered by the fixed fee quoted. Were this to occur, we will advise you in writing, and outline what additional charges will be payable in advance of them being incurred (where possible).

Responsibility for costs

It is very important that you understand that you are responsible for paying our invoice(s).

If you are successful in defending the case, then you may be able to make an application to the Court for a Defence Costs Order. The Court should grant this application if they are satisfied that you have not brought the proceedings upon yourself. If the Court does allow a Defence Costs Order, it will not cover all our costs. For cases commenced on or after 1^st October 2012 any legal costs contained within a Defence Costs Order are to be capped at Legal Aid rates.  Please be warned that Legal Aid rates are significantly lower than private client rates. You could recover some of your costs of your defence, however you will be responsible for the balance of your costs which were not covered by the Defence Costs Order.

Please note that if you are instructing us on behalf of a limited company then the Court are not able to make a Defence Costs Order when the company is the defendant.

Prosecution

A Court may on conviction order you to pay a contribution towards the prosecution costs. There are no set amounts for these costs, but routinely the prosecutor will ask for £85 on a first appearance guilty plea at the Magistrates’ Court. After a fairly routine trial at the Magistrates’ Court the amount often requested is around £600. Clearly in the event of a Crown Court trial that has been run and lost, the costs requested would be much higher.

Victim Surcharge

This is a national charge imposed upon anyone who receives any form of sentence by either the Magistrates Court or Crown Court.  It goes to a fund to help the victims of crime. This is a fixed sum depending upon the outcome of the case. Details of the relevant amounts can be found at https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/fines-and-financial-orders/victim-surcharge/

Compensation

This is an amount requested by the prosecution on conviction to directly compensate any loss the victim in the case may have suffered. This could be a financial loss – such as the value of replacing a damaged item, or it could be a discretionary amount imposed to a victim for pain and suffering – such as in an assault case. There are no prescribed amounts in relation to these applications as it will be case specific. We may be able to provide you with more information based upon what we know about your case.

Advice and assistance at a Police interview (whether you are under arrest or attending as a volunteer) is paid for under the Legal Aid Scheme, irrespective of your income. An interview under caution forms one part of a Police investigation. The whole investigation process may take many months to conclude.

Advice and assistance provided to you other than at a Police station (prior to charge) may be funded under the Advice and Assistance Scheme. We may ask you to complete forms CRM1 and 2 to determine eligibility. The threshold for this funding is low. If you are in employment you are unlikely to qualify. If you are not eligible for advice and assistance under this scheme, we will discuss with you how this work is to be funded and forward to you a copy of our Terms of Business and Costs Information for private clients.

Investigations by non-Police agencies e.g. HSE, DWP, RSPCA etc. are not funded under the Police station scheme. You may however be eligible for advice and assistance and we will assess whether or not you qualify. You will be asked to complete forms CRM1 and 2 to determine eligibility. The threshold for this funding is low. If you are in employment you are unlikely to qualify. If you are not eligible for advice and assistance under this scheme, we will discuss with you how your case may be funded and forward to you a copy of our Terms of Business and Costs Information for private clients. We may be able to offer a fixed fee service.

Unless you have expressly agreed to pay us privately, we will make an application for Legal Aid on your behalf. This is done by an online application to the Legal Aid Agency (LAA). Detailed information can be found on their website: https://www.gov.uk/government/organisations/legal-aid-agency

Legal Aid for court cases is means tested in most cases. Most people on state benefits and all persons under 18 years of age are financially eligible for Legal Aid. The information below is an overview. If you wish us to explain it in more detail, we will be happy to do so. Legal Aid is also subject to an “interests of justice test.” The case has to be “serious enough” to qualify. Examples of this are; where the case is complex, you are vulnerable, or there is a risk you may go to prison.

• Magistrates Court

If you are granted Legal Aid for representation in the Magistrates’ Court, you will not have to pay any defence costs for the case. The LAA will notify you in writing of the outcome of your application. If your application is refused on the interests of justice test, or you feel that there has been an error with the means test calculation, we will advise you how to appeal against that decision.

If you are not eligible for Legal Aid, we will discuss with you how this work is to be funded and forward to you a copy of our Terms of Business and Costs Information for private clients. We may be able to offer a fixed fee service.

• Crown Court

The following applies where a case is committed to the crown court for trial. There are different rules if your case is committed to the Crown Court for sentence which we will explain below.

Most people on state benefits will pay nothing towards the costs of their defence, however if you plead guilty or are found guilty you may have also to pay a contribution towards prosecution costs.

If you have a household disposable income in excess of £37,000 (which takes into account the earnings of any partner/spouse), you will not qualify for Legal Aid. The LAA do not take all your outgoings into account when determining what amounts to “disposable” income. Broadly speaking they take into account rent/mortgage payments, childcare costs paid to a registered care provider, child maintenance paid to any ex-partners and any contributions to civil or criminal legal aid. The calculations are complex and an application must be supported by documentary proof of means in a format acceptable to the LAA.

We can assist you to make an application, and in some cases where Legal Aid is refused, we can assist you to appeal or make a hardship application.  If you are not eligible for Legal Aid, we will discuss with you how this work is to be funded and forward to you a copy of our Terms of Business and Costs Information for private clients. We may be able to offer a fixed fee service.

If you are eligible for Legal Aid in the Crown Court, then you may be liable to pay income contributions for the first six months of your case. You will be written to by the LAA advising you if this is the case. You may also receive a separate letter from a company who are responsible for collection of the contributions.

If you find the contributions ordered unacceptable then you must notify us immediately so that we can reject the offer of legal aid. This MUST be done within 21 days, otherwise you may be deemed to have accepted the offer and the LAA will seek to recover the payments from you.

If you are required to pay contributions towards Crown Court Legal Aid and fail to do so, interest charges will be added and the LAA may take legal action to enforce the monies owed. Enforcement action can include the clamping, seizure and/or sale of your vehicle (and please note there is no Legal Aid available to assist you in challenging this enforcement). Other enforcement options include a Charging Order secured against property; High Court enforcement such as a Distress Warrant enabling bailiffs to come and seize goods from your home; and an Attachment of Earnings Order.

If you have paid an income contribution but are acquitted of all charges, monies you have paid (with interest at 2%) will be repaid to you by the LAA.

If you have paid an income contribution which is calculated as being more than the actual case costs, the difference will be repaid to you by the LAA.

If you have paid an income contribution which is calculated as being less than the actual case costs, the difference will be recovered from you by way of a capital contribution (if applicable).

If you are not convicted of all offences (whether as a result of an acquittal or otherwise) an application can be made by you for ‘judicial apportionment’.  Your claim must be made within 21 days of the end of your case and there is no power to extend that time limit.  Please do not hesitate to seek further advice from your defence representative in court at the conclusion of your case if you believe this should apply.

If you are found guilty or plead guilty (once your case has proceeded to the Crown Court) you may have to pay towards your defence costs from any capital assets you have.  This is known as a capital contribution.  This would only apply a) if you have £30,000 or more assets, for example savings, equity in property, shares or other savings or investments and b) any income contributions already paid have not covered your total defence costs.

You will be told by the LAA at the end of your case if you are required to make a capital contribution.

• Committal for Sentence

When someone pleads guilty at the Magistrates’ Court and the case is committed to the Crown Court for sentence, eligibility for Legal Aid is determined by the Magistrates Court test NOT the Crown Court test. Please note that the financial threshold is therefore lower.

• Court of Appeal

We will apply for Legal Aid on your behalf if you wish to appeal or resist an appeal by the Attorney General. Most cases at the Court of Appeal will qualify for Legal Aid but we will discuss this with you further if your case is progressing in this direction.

Prosecution

A Court may on conviction order you to pay a contribution towards the prosecution costs. There are no set amounts for these costs, but routinely the prosecutor will ask for £85 on a first appearance guilty plea at the Magistrates’ Court. After a fairly routine trial at the Magistrates’ Court the amount often requested is around £600. Clearly in the event of a Crown Court trial that has been run and lost, the costs requested would be much higher.

Victim Surcharge

This is a national charge imposed upon anyone who receives any form of sentence by either the Magistrates Court or Crown Court.  It goes to a fund to help the victims of crime. This is a fixed sum depending upon the outcome of the case. Details of the relevant amounts can be found at https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/fines-and-financial-orders/victim-surcharge/

Compensation

This is an amount requested by the prosecution on conviction to directly compensate any loss the victim in the case may have suffered. This could be a financial loss – such as the value of replacing a damaged item, or it could be a discretionary amount imposed to a victim for pain and suffering – such as in an assault case. There are no prescribed amounts in relation to these applications as it will be case specific. We may be able to provide you with more information based upon what we know about your case.