MoJ Guidance to Advocates Claiming Criminal Graduated Fees at the new rates

Guidance to Advocates - Advocates Graduated Fees Reduction of 4.5%

Background

With effect from 27 April 2010 all Advocates Graduated Fees (AGFS) are reduced by 4.5%.  There will be further reductions in April 2011 and April 2012. 

The new rates apply to cases with a representation order dated on or after 27 April 2010 (but before 1 April 2011).  Cases with a representation order dated 26 April 2010 or earlier are unaffected by the fee changes, no matter when the case concludes, and will be processed by HMCS as normal.

Disbursements such as travel and accommodation, where allowed, are not ‘fees' and are therefore unaffected by the reduction.

As the responsibility for AGFS payments will begin to transfer to the Legal Services Commission this summer the Crown Court CREST system is not being amended to incorporate the new rates. 

In order to deal with payments for cases with a representation order dated on or after 27 April 2010 a workaround is being introduced that will apply until the transfer of responsibility for payments passes to the LSC.

Process

This applies only to cases where the representation order is dated on or after 27 April 2010.

1. Advocates should continue to send claims to the appropriate Crown Court centre.
2. Court staff will check (validate) the claim on the Crown Court IT system (CREST) and deal with any issues, e.g. resolve any question of pages of evidence (PPE). 
3. The Court will then forward the claim form and validation report to the appropriate National Taxing Team Regional Office - as below.
4. The NTT will calculate the fees payable and will authorise payment through Liberata.  
5. The NTT will then send details of the payment breakdown to the claimant (the Instructed Advocate in the case). The breakdown will look different from the one produced by CREST but will still show the same level of detail.
6. Liberata makes payments for the NTT on the 5^th and 19^th of each month.  This means that there may be a short gap between receipt of the payment breakdown from the NTT and receipt of the payment. 
7. Claimants should send any requests for redetermination of claims calculated by the NTT directly to the NTT. Requests for redetermination of claims in cases with representation orders dated before 27 April 2010 and which are calculated and paid by the Crown Court should continue to be sent to the Crown Court.
8. Further guidance will be sent as the LSC begins to take over AGFS claims from HMCS.

National Taxing Team Offices

Manchester

National Taxing Team
Manchester Region
3rd Floor
Salford County Court
Prince William House
Salford
M5 4RR

DX 702633 Salford 5
Tel: 0161 745 4240
Fax: 0161 745 4268

Email address: AdminManchesterNtt@HMCOURTS-SERVICE.GSI.GOV.UK

Courts covered by the Manchester Region

Northern: Bolton  Burnley  Caernarfon  Carlisle  Chester  Knutsford  Liverpool  Manchester (Crown Square)  Manchester (Minshull Street)  Mold  Preston (Barrow and Lancaster)  Warrington

North Eastern: Bradford  Doncaster  Leeds  Sheffield  Teeside  York

South Eastern: Blackfriars  Central Criminal Court  Chelmsford  Chichester  Guildford  Inner London  Isleworth  Kingston-upon-Thames  Lewes  Reading  Snaresbrook  Southwark  Wood Green  Woolwich

South Western: Bournemouth  Newport (IOW)  Portsmouth  Salisbury  Southampton  Taunton  Truro  Weymouth & Dorchester  Winchester

Birmingham

National Taxing Team
Birmingham Region
3rd Floor
Temple Court
35 Bull Street
Birmingham
B4 6LG

DX: 701991 BIRMINGHAM 7
Tel: 0121 681 3262
Fax: 0121 681 3270

Email: Adminntt.bham@justice.gsi.gov.uk

Courts covered by the Birmingham Region

Midlands: Aylesbury  Birmingham  Coventry  Derby  Hereford  Leicester  Lincoln  Luton  Northampton  Norwich  Nottingham  Oxford  Peterborough  Shrewsbury  St. Albans  Stafford  Stoke  Warwick  Wolverhampton  Worcester

North East: Durham  Grimsby  Hull  Newcastle

South East and London: Basildon  Cambridge  Canterbury  Croydon  Harrow  Ipswich  Maidstone  Norwich

South West: Bristol  Eastleigh  Exeter  Gloucester  Plymouth  Swindon

Wales: Cardiff  Merthyr  Swansea

Contacts for Further Questions about Claims

Advocates should contact the appropriate NTT regional office in the first instance. Depending on the nature of the query the NTT may refer the advocate to the court. 

Ministry of Justice
Criminal Remuneration Branch
13 May 2010

14.05.2010