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Assessment of costs:

Where costs have been ordered the costs of the case must be assessed by the court. The LAA are unable to do this as they could be seen as having an interest in the case that is adverse to the opponent Market Rates:

Where the claim is being made from the LAA fund the costs must be claimed at the prescribed rate or fixed fee. Where the costs have been recovered these can be claimed at the market rates. This is pursuant to Regulation 15(2) of the CLS costs regulations 2000; under LASPO it’s regulation 21(3) of the Civil Legal Aid (Costs) Regulations 2013

Preparation of the bill of costs:

The costs of drawing up the bill of costs cannot be claimed where a fixed fee is payable. This applies even where the claim is for a fixed fee but, owing to the costs order the claim must be assessed by the court. The solicitor can include the costs of drawing up the bill in the inter partes bill for payment by the other party although the maximum that can be claimed from the LAA is the fixed fee.

Legal Aid Only Costs

1) Costs can only be claimed from us in addition to inter partes costs received which strictly meet the requirements of the Contract Specification definition (6.52 2010 Specification, 6.51 2013 Specification). Other than this, the assessment of costs under an inter partes costs order and for legal aid payment is precisely the same (standard basis under CPR 44.3)

2)

This includes the costs of assessment, which cannot be claimed from us in addition to receipt of inter partes costs other than legal aid only costs (6.42 2010 Specification, 6.40 2013

Specification)

Costs Orders in Family Cases (CPGFS and PFLRS)

Scenario Process

 Sols receive a fixed order for costs – i.e. the other side pay £500 a specific amount towards the costs.

 Claim can be assessed by LAA

 No escape from fixed fee

 These costs have been recovered

payment OR submit a claim 1A to us for their costs/Fees* and enclose cheque for recovered amount

*Will costs in this context be confusing?

 Sols receive a fixed order for costs – i.e. the other side pay £500 towards the costs.

 No escape from fixed fee

 These costs have not been recovered

 Claim can be assessed by LAA

 Solicitor to submit a claim 1A to us for their costs Fees

 Claim/Costs Order referred to DRU for consideration of costs recovery

 Order for costs (pay cost of a hearing)

 Fixed fee payable

 These costs have been recovered

 Claim must be assessed by court (as indeterminate costs order) if claiming costs from LAA

 Sol prepare bill for assessment

 Claim and assessment certificate reflect cost at fixed fee (it is not necessary for there to be a separate legal aid schedule)

 Solicitor can either accept those costs as full payment (CLAIM2) OR submit a claim1A to us for their costs/Fees and enclose cheque for recovered amount

 Order for costs (pay cost of a hearing)

 Fixed fee/FAS payable

 These costs have not been recovered

 Claim must be assessed by court (as indeterminate costs order)

 Sol prepare bill for assessment

 Claim and assessment certificate reflect cost at legal aid rates/fixed fee (it is not necessary for there to be a separate legal aid schedule)

 Solicitor to submit a claim 1A to us for their costs

 Costs Order referred to DRU for consideration of costs recovery

 Order for costs (pay cost of a hearing)

 Fixed fee/FAS payable but hearing where cost order applies is paid at hourly rates

 These costs have been recovered

 Claim must be assessed by court (as indeterminate costs order) if claiming costs from LAA

 Sol prepare bill for assessment

 Claim and assessment certificate reflect cost at fixed fee (it is not necessary for there to be a separate legal aid schedule)

 Solicitor can retain payment for specific hearing claiming only legal aid costs (CLAIM2) OR submit a claim 1A to us for their costs/Fees and enclose cheque for recovered amount

 Order for costs (pay cost of a hearing)

 Fixed fee/FAS payable but hearing where cost order applies is paid at hourly rates

 These costs have not been recovered

 Claim must be assessed by court (as indeterminate costs order)

 Sol prepare bill for assessment

 Claim and assessment certificate reflect cost at legal aid rates/fixed fee (it is not necessary for there to be a separate legal aid schedule)

 Solicitor to submit a claim 1A to us for their costs

 Claim/Costs referred to DRU for consideration of costs recovery

 Order for costs (pay cost of a hearing)

 Costs escape fixed fee however advocacy at FAS

 These costs have been recovered

 Claim must be assessed by court (as indeterminate costs order) if claiming costs from LAA

 Sol prepare bill for assessment at hourly rates

 Claim and assessment certificate reflect cost at legal aid rates

 If costs fall within fixed fee after removal of IP costs only fixed fee is payable if claimed from fund

In document Influencia de la asignatura de cultura estética en el desarrollo de la motricidad fina de los estudiantes de quinto grado de la escuela de educación básica n°16 Aurelio Carrera Calvo, comuna Bambil Collao, Parroquia Colonche, Cantón Santa Elena, provincia (página 98-106)