Conclusiones y Recomendaciones

1. Generally, the questions that will arise are:

(a) was there a reasonable need for the journey; (b) was the appropriate form of transport used.

2. Most travel will be to court, to counsel for a conference, to take statements from witnesses, to inspect the scene of the incident or to see the client. All these have been dealt with elsewhere when considering the time spent.

3. These expenses are generally to be allowed at the actual expense or at a specified mileage rate. Whether it was reasonable to travel by car rather than public transport should be considered in the context of reasonable convenience and the saving of the claim for travelling time that may have resulted. The question of mode of travel depends on comparative costs, taking into account the fares incurred and the time saved by use of the more expensive mode of transport.

4. Solicitors' practices within the 10 mile radius of the SCCO in London usually include an item for general travelling expenses in their overheads when calculating their expense rate. In other areas it would not be justified to allow expenses if it is the practice of the local courts not to allow them.

5. A cautious approach should be adopted towards granting prior authorities for travel as, if travelling expenses are authorised in advance, this endorses the necessity of making whatever journey is involved. Prior authority cannot generally be granted for travelling time as this is an item that must be justified on assessment. In exceptional circumstances, prior authority may be granted to cover travel time at an appropriate hourly rate e.g. where an expert at a distance has been instructed because of a particular specialism and no more local expert is available, but subject to the proviso that it only applies to reasonable travel time to be determined by the assessor at the conclusion of the case.

6. The cost of travel by air may only be allowed if there is no reasonable alternative and the class of fare is reasonable in all the circumstances, or if the air travel is more economical taking into account the time saved. This applies equally to travel on internal and international flights. If the assessor determines that it was unreasonable to use air travel, the appropriate rate for travel by an alternative means of public transport should be allowed. Cheap air fare offers should be used where possible, however, the more money spent on an air ticket, the greater degree of flexibility is purchased in terms of late booking facilities, flight availability and refund on cancellation.

7. The assessors should allow what is reasonable in the circumstances, bearing in mind that the most economical fare might not always be appropriate. It would be usual to expect alternative quotes to be sought to identify the most competitive route.

8. Invoices/receipts should always be produced in support of claims for travel expenses. Where travel disbursements are claimed, a dated breakdown must be provided in support. Claims for up to £10 will not normally require substantiation by provision of a receipt or disbursement voucher, but should be justified on file. All expenses of £10 or more (excluding mileage) must be substantiated by the relevant disbursement voucher or an explanation why it is not available on the claim or on file. If prior authority has been obtained to cover the expense, then the voucher and a copy of the authority must be available but there is no need to justify why the expense was incurred, unless the amount exceeds the prior authority given.

The Congestion Charge

9. The congestion charge for drivers in central London is effective from Monday 17 February 2003. Drivers of private cars will have to pay £5.00 per day if they drive in the charging zone during charging hours (7.00am - 6.30pm Monday - Friday excluding Public Holidays).

10. The charge is triggered by the first journey in the charging zone on a particular day; the number of journeys in/out of the zone does not affect the amount due. A map of the charging zone and further information can be found on the Transport for London website www.transportforlondon.gov.uk. The charge can be paid at retail outlets, such as newsagents and petrol stations, or by electronic methods including e-mail and text message.

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11. A receipt will be issued for all 'over the counter' payments. For electronic payments a receipt number is issued automatically. If required, a printed receipt must be requested by e-mail or post. Payment can be made in advance (up to 90 days) or on a weekly/monthly basis, but there is no discount for paying this way.

12. A surcharge will be levied if payment is made on the day between 10-midnight and a penalty fine if not paid at all.

Impact on Suppliers

13. There are a number of courts within the charging zone which suppliers visit on a regular basis. The charge will be triggered by any journey in the zone using a private car but not by the use of public transport or taxis.

14. If the solicitor's office is outside the zone, and they assist a client or attend a hearing at a court inside the zone, or if the supplier's office is inside the zone and they go to a court either inside or outside the zone, the charge may potentially be payable. Any other travel justified for the proper conduct of the case within Contract rules and guidance (e.g. visiting a client at home) could also possibly trigger the charge.

When should the Charge be claimed as a disbursement? – Interim Guidance

Suppliers based inside the charging zone

15. Generally, if a solicitor uses a private car to travel to/from his office inside the zone (or vice versa), the daily charge will be triggered by his normal journey to/from work. The charge should not then be claimed on work done in relation to a client.

16. Fee-earners who are based at a solicitors office inside the charging zone may not ordinarily claim the congestion charge. The congestion charge is considered to be an overhead for suppliers located inside the charging zone and in most cases where the fee earner drives to work the charge will be incurred on this journey.

17. The only exception to this is where the fee-earner has driven into the zone outside the charging hours specifically for the purpose of a case either to attend on the client or to transfer large files to a hearing. Wherever the charge is incurred, we will assess the reasonableness of the claim.

Suppliers based outside the charging zone

18. Fee-earners who are based at a solicitor’s office outside the charging zone may claim the congestion charge as a disbursement, subject to the considerations outlined below as to its reasonableness.

Reasonableness

19. Solicitors should use the most economical form of transport, considering both the cost of travelling time and expenses. The additional cost of the congestion charge should be considered when deciding the reasonableness of travel by car. As public transport and taxis are widely available within the zone, it is the solicitor's responsibility to note on the file the reasons why private transport was used.

20. Since there is no charge for additional travel on the same day, the charge should be claimed as a disbursement if it has been triggered only as a result of the work on the particular case. Where several journeys are made on the same day, the supplier must ensure that a claim for the congestion charge has not been duplicated on more than one file. It is not necessary to apportion the charge between clients as it will be triggered by the first incidence of travel and should be credited to the first client attended.

21. The fund will only be responsible for the charge itself and will not pay any surcharge or penalty levied for late payment.

What evidence should be retained on file?

22. A receipt is only required for any individual disbursement exceeding £10 so it is not necessary to retain the receipt on file.

23. If the charge is claimed on a particular file, suppliers should ensure that the addresses of the supplier's office, location visited and times of travel are clearly recorded on the file so that auditors can confirm that travel claimed is within the zone and reasonably charged to the fund. In addition, the solicitor should confirm that the charge was not triggered by their own travel to work or any other travel within the zone on that same day.

Checklist:

(a) Is the journey justified from the evidence available on the file?

(b) Is the address of the solicitor's office or the destination within the charging zone?

(c) Are the date and times for which the charge has been claimed clearly stated on the file?

(d) Has justification been provided for not using public transport/taxi or is it evident from the circumstances of the case?

(e) Is it clear from the file that the only reason the charge was triggered was a journey which was necessary for the proper conduct of the case and that no personal/other travel occurred on the same day?

(f) Is there any evidence that the charge has been duplicated on more than one file for the same day?

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