Apportionment

Overview of factors we must consider

Prescribed fees are mostly set at standard levels and where we are satisfied a fee is payable the standard fees cannot be increased or decreased, subject to the following rules in relation to apportionment.

You may require to apportion charges in an account.

The requirement to apportion charges will ensure that:

  • one client does not subsidise another client (eg some grants may be subject to a contribution, or increases in authorised expenditure)
  • there is no duplication of charging; and
  • the correct fee is charged.

Although not expressly stated in the regulations we may require to exercise our discretion, standing the statutory tests of taxation, to apportion charges where:

  • you act for the same party in different proceedings; or
  • you act for more than one party in the same proceedings.

Where you act for the same client, in separate actions, but undertake work common to more than one case, the general rule is that only one charge is allowed in relation to attendances, consultations, etc.

You should therefore apportion charges to reflect the fact that the work covers more than one case.

You should not make a separate charge at the full rate in respect of each case.

Similarly, work which is common to more than one party or one set of proceedings should be apportioned, where appropriate.

Where a single work activity (eg consultation) covers more than one party in the same proceedings you should apportion charges as the work covers more than one case.

You cannot charge in full to each case as that would result in double agency.

Where work is done on behalf of the same client in multiple cases or multiple clients in the same proceedings the work should ordinarily be apportioned equally across the number of cases or clients.

However, we will allow a different apportionment (eg 1/3rd / 2/3rd), on cause shown and subject to an explanation as to why an unequal apportionment is being claimed, as long as the charges do not exceed the reasonable sum that is payable in the respective case(s).

Preparation and submission of your account
Our power to request information

In this section

Introduction to counsel fees

Guidance in relation to the preparation and assessment of Civil and Children’s Counsel Fees

Guidance on counsel’s fees in relation to civil and children’s legal aid

Introduction to counsel fees

Statutory tests of taxation and payment from the Fund

Guidance on the regulations forming the basis, set by Parliament, on which you are entitled to payment and is termed the standard of taxation

Introduction to counsel fees

Assessed & Prescribed Fees under Schedule 4

Schedule 4 identifies two distinct categories for calculating how a fee is payable, which we refer to as ‘prescribed’ and ‘assessed’ fees

Introduction to counsel fees

Proceedings not payable under Schedule 4

Guidance on proceedings not payable under Schedule 4

Introduction to counsel fees

Option to accept judicial expenses recovered

Regulation 3(3) and 3(4A) of the Civil Fees Regulations makes provision that allows counsel’s fees and outlays recovered by virtue of an award of expenses

Introduction to counsel fees

Assessment of an account – the process and role of the assessor

Where we receive an account we are obliged to assess the fees and outlays allowable, determine the sum payable out of the Fund and then pay that sum to you

Introduction to counsel fees

Taxation and Note of Objections procedure

Where matters cannot be resolved through the normal process of negotiation, counsel (or SLAB) has a right to refer the matter to the Auditor

Introduction to counsel fees

Preparation and submission of your account

A claim for interim payment may be submitted under regulation 33ZB of The Legal Aid (Scotland) Act 1986

Introduction to counsel fees

Our power to request information

We are entitled to request any information that we may require for the purposes of performing our functions under the Act.

Introduction to counsel fees

Employment and definition of counsel

The employment of junior counsel is automatic but agents must obtain our approval for the employment of senior counsel or of more than one junior counsel