court assessed bill checklist Nov12

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					                                   - THIS CHECKLIST IS FOR COURT ASSESSED CLAIMS ONLY -
                                                                                                                       Pre-         For LSC Office
     CLSCLAIM1/1A                   CLIENT:                                                                            Submission
Court Assessed Bills only           REF NO:                                                                            Provider     Use:
                                                                                                                       Check        Region:
                                    PROVIDER NAME:
                                                                                                                       Fee
                                                                                                                                    Caseworker:
                                    PROVIDER ACCOUNT NUMBER:
                                                                                                                       Earner:
                                    CONTRACT MANAGER:
                                    LSC REGION:
                                    COURT ASSESSED BILL SUBMISSION CHECKLIST
            Requirement             Original?                                 Notes                                     Checked     Pass     Fail
                                                CLS CLAIM1 - Version 14 October 2011 – For Hourly rate Bills
        Has the correct claim
 1.           form been fully
                  Completed
                                               [non-fixed Fee]
                                                CLS CLAIM1A - Version 5 October 2011 – All Fixed Fee Scheme
                                                Bills (Other Public Law Cases after 09/05/11 when FAS claimed)
        Has Claim Form been                     The Certification section must be signed and dated as indicated
 2.           Signed & dated
                                               on the form. This must be an original signature


            Outcome Codes &                     Outcome codes and date last worked must be completed with
 3.          Date of last work                  correct rate of VAT applied
                Original Sealed                 EX80A – If claim is an hourly rate claim
 4.    Assessment certificate
                       – EX80A
                                               Please ensure that figures noted on EX80A reconcile with those
                                                claimed on page 7 of Claim 1 form
                Original Sealed                 EX80B – If claim is a Fixed fee scheme claim
 5.    Assessment certificate
                       – EX80B
                                               Please ensure that figures on EX80B reconcile with those
                                                claimed on page 4 and/or page 9 of Claim 1A form

 6
       Bill as assessed by the
                          court                This can be either the original or a copy of the bill submitted to
                                                the court for assessment, as annotated
                Vouchers on a                   Voucher(s) must be on a separate clip each containing a
           separate clip for all                breakdown of:
                     individual                          work undertaken,
                disbursements                             hourly rate
                                                     
                                      
        (including court fees)                            client details.
 7        of £20 or more (inc                   A copy of the ledger or letter sending payment will suffice for
                           VAT)                 court fees and mileage. N.B. Vouchers will be retained

                                                Vouchers must contain official heading and client name linking
                                                them to case
                  Schedule of                   To enable us to verify that we have all required disbursements
               Disbursements                    vouchers we require a full list of all disbursements incurred. This
 8.                                            can either be on the claim form itself or on a separate
                                                list/schedule. It assists us greatly if the vouchers are numbered
                                                to coincide with the list.
                                                Required only if claiming advocacy under FAS scheme for all
                                                hearings with the exception of Interim Hearing Unit 1 (with no bolt-
 9.
       Advocates Attendance
                       Form                    ons). All bolt-ons must be individually sealed or initialled. The
                                                work claimed must be at the correct rates and within the scope
                                                of the certificate.

10.
           Counsels fee notes
              (non FGF/FAS)                    If issued on or after 03/10/11 fee notes should contain rate and
                                                details of counsel seniority
             FGF/FAS paid to                    It is vitally important that the amounts indicated as paid to
                      counsel                   Counsel in the Claim match the amount actually paid by the LSC.
11.                                             You must check with counsel prior to submission to ensure that
                                                the amounts reconcile.
                                                If applicable has the Panel membership declaration been signed
                                                by all panel members. These must be original signatures. In the
12.       Panel Membership                     event the fee earner is unable to sign the declaration we will
                                                accept signature by a Partner in exceptional circumstances.
                                                Please ensure these exceptional circumstances are documented
                                                within the claim




         Any issues with your rejected claim please email us -
         lsccivilclaimfix@legalservices.gsi.gov.uk                                                             Version 2 – November 2012
                               - THIS CHECKLIST IS FOR COURT ASSESSED CLAIMS ONLY -


       Is the Claim value as                   Where the assessment fails to apply a Cost Limitation the
      assessed by the court                    maximum payable will be limited to the amount of the highest
         within the existing                   cost limitation applied on the public funding. This adjustment
            Scope (i.e. work                   does not confer a right of appeal. Whilst it is permissible to
13.    undertaken and Cost                     submit bills that exceed the amount of the cost limit the Court
                Limitation)?                   Assessment certificate should not exceed this amount. All
                                               amendments must be re-sealed by the Court.

       Has the correct Fee                     It is important to check that the correct Fee scheme and
14.    scheme been used?                       applicable rates have been identified and used within the claim
                                               Where any money is received on behalf of the client, either all of
15.        Monies received                     the money, or an undertaking as to costs and a cheque in this
                                               amount, will be required, pending a Statutory Charge decision.
          Statutory Charge                     It is required that you report the outcome promptly where the
                  ADMIN 1                      Statutory Charge may arise, failure to do so may delay payment
                                               of the claim. If the statutory charge decision has not yet been
16.                                            made a fully completed ADMIN1 form, clarifying what was in
                                               dispute, must also accompany your claim together with a copy
                                               of the Court Order/settlement agreement to enable a decision.
                                               Ensure the Legal Help section of page 1 fully completed
      Costs Orders/Default                     If Costs awarded but are unrecovered these can only be claimed
17.        costs certificate                   at legal aid rates
18.   Costs Orders/Default                     Full debtors details are required to enable enforcement, where
           costs certificate                   available


       Denotes most common reasons for rejects in this bill category

 IF REJECTED, PLEASE ENSURE COMPLETED CHECKLIST IS ENCLOSED WHEN YOUR CLAIM IS RESUBMITTED

           Claim Form Guide - Pages to be Completed
                                                      CLS CLAIM1                               CLS CLAIM1A
                   Page 1      All Sections                                                 All sections
                   Page 2      Case Information & Outcome of Case Section                   All sections
                                                                                            Section 2
                               All Sections [including Panel Membership declaration if
                   Page 3                                                                   Section A if care
                               applicable]
                                                                                            proceedings
                                                                                            Section B if PFLRS
                   Page 4
                                                                                            Tick section C
                   Page 5      Complete counsel’s fees details section, if applicable       All applicable
                               Where disbursements are claimed this page or a               If claiming FAS
                   Page 6
                               separate list must be provided
                                                                                            Panel membership
                               Your Claim & VAT and Certification
                   Page 7                                                                   must be signed if
                               Please detail amount paid to each counsel
                                                                                            claiming
                   Page 8      All Sections, if applicable
                   Page 9      All Sections, if applicable                                  Your claim and VAT
                 Page 10                                                                    All if claimed



           Other Useful points to note:
           Experts Fees - Codified rates for experts apply to ALL certificates applied for on or after 03/10/11
           Rate Changes – Rates were cut by 10% on civil certificates applied for on or after 03/10/11 and family
           certificates applied for on or after 01/02/12
           Barrister Rates – Set rates for barristers were introduced in civil certificates applied for on or after
           03/10/11
           VAT – On Profit Costs this must be calculated from the date of final work


       Any issues with your rejected claim please email us -
       lsccivilclaimfix@legalservices.gsi.gov.uk                                                              Version 2 – November 2012
                    - THIS CHECKLIST IS FOR COURT ASSESSED CLAIMS ONLY -


Additional Assessment Guidance Notes

          Statutory Charge    Before payment may be considered, the question of the Statutory Charge must be resolved, this
                              includes satisfaction of the potential liability where appropriate or submitting sufficient details in
                              the ADMIN1 to enable postponement of the enforcement of the charge.
                               Where you are unable to fulfil these requirements give details to avoid additional queries.




                                          Please Note...For claims assessed by the court please do not submit your file of
             File of papers               papers. If we require your file of papers it will be requested with a Priority Return
                                          Slip.

  Counsel instructed in the   For funding granted pre 9/5/11 where no prior authority to instruct Counsel in the FPC, a decision
                       FPC    must have been made whether that instruction was appropriate. Ensure where this is not verified
                              that the Max Fee principle has been applied as part of the assessment, where applicable.




         Court Assessment
                Certificate   Ensure an original sealed assessment certificate is provided and any amendments to assessment
                              certificate are resealed

               Show Cause     If this certificate has been subject to ‘Show Cause’ costs are not normally claimable during the
                              period of the show cause, work should be excluded during these breaks in funding


     Emergency Certificate    Non Urgent Costs are not normally claimable. Whether whilst the emergency certificate is still in
                   Expiry     effect and/or post expiry of the emergency certificate and pre issue of the substantive certificate




      Costs of Assessment     Ensure that that only the true costs of assessment are shown in the EX80A/ EX80B, the cost of
                              preparing a bill are not included in this amount and should be included in Profit Costs. Although
                              additional cost administration will fall within the definition of costs of assessment ensure that
                              these are clear and apparent in the bill of costs. NB: Time reviewing the provisional assessment can
                              only be claimed where the costs have been provisionally assessed by the court




    Where costs subject to    Have the value of the costs escaped the fixed fee, in accordance with the escape provisions, the
      standard fee scheme     costs calculation to identify escape is exclusive of any enhancement whether Panel membership or
(CPGFS/PLFRS) should they     otherwise. Should the escape threshold not be met Detailed Assessment will not be appropriate.
have been subject to Detail
             Assessment?




             Experts Rates    For cases where experts fees are subject to codified rates, and no prior authority has
                              been authorised for a higher rate, please ensure the correct codified hourly rates have been
                              claimed.



          Duplicate Claims    Please ensure that the claim submitted is not a duplicate of a previous claim submitted and paid. If
                              there are any issues regarding payment of your claim please contact us to confirm the position
                              before submitting a copy claim




Any issues with your rejected claim please email us -
lsccivilclaimfix@legalservices.gsi.gov.uk                                                         Version 2 – November 2012

				
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