https://www.slab.org.uk/guidance/drafting-notes/
https://www.slab.org.uk/guidance/drafting-notes/
Chapter 5, paragraph 3 Note for revocation of permanence order or other note in the adoption process
Chapter 6, paragraph 6 Notes
In relation to proceedings under Chapters 1, 2, 4 and 5 the fees prescribed in Chapter 6 apply.
The fees under 6(b) and (d) are standard fees that cannot be increased or decreased where we are satisfied that a fee is payable.
The fees under 6(a) and (c) are payable within a range where we are satisfied that a fee is payable.
Paragraph 6
Notes
The fees under 6(b) and (d) are standard fees that cannot be increased or decreased where you are satisfied that a fee is payable.
The fees under 6(a) and (c) are payable within a range where we are satisfied that a fee is payable.
Paragraph 3
Notes
The fees under 6(b) and (d) are standard fees that cannot be increased or decreased where we are satisfied that a fee is payable.
The fees under 6(a) and (c) are payable within a range where we are satisfied that a fee is payable.
Paragraph 3
Notes
The fees under 6(b) and (d) are standard fees that cannot be increased or decreased where you are satisfied that a fee is payable.
The fees under 6(a) and (c) are payable within a range where we are satisfied that a fee is payable.
In order to consider a claim for a note we must be satisfied that the content is such that it can be considered to be a:
Where we are satisfied that the note is a ‘note on liability and/or quantum’ or ‘note on line of evidence’ we will allow a fee within the range.
Where we are satisfied that the note is a ‘note advising on tender or extra-judicial offer, where not merely confirming advice at consultation’ we will allow the prescribed fee.
Where we are not satisfied we must disallow the respective note and we will invite you to provide further information in support of the claim.
There is no definition of “other” notes and it is by design prescribed to cover a wide range of different notes.
When considering any fee claimed for ‘other types of note’ we must be satisfied that this is not correspondence which is otherwise covered by the fees payable in the case.
Paragraph 12(e) of the notes on the operation states “correspondence, telephone calls and meetings between counsel acting for the same assisted person are not allowable as separate items and shall be subsumed within the fees prescribed for the associated item of work in the Tables of Fees”.
There will inevitably be a range of communications between solicitor and counsel necessary as part of the case strategy or conduct of the case but general communications are not separately chargeable unless the work was sufficient to justify a separate prescribed fee.
General email communications between the agents and counsel are not separately chargeable and we will invite you to justify any separate charges for a Note where the written work appears to be more akin to general correspondence in the case.
However, where the substance of the correspondence is sufficiently detailed that it would have been chargeable if you had provided that advice in the form of a Note then we may, on cause shown, allow a fee for ‘other type of note’.
Where we are presented with a claim for a note purely for the purposes to assist the agent to make a request for sanction we will look to establish if we have specifically requested this.
As a general rule our detailed guidance, if followed, in relation to sanction applications ought to avoid in most cases the need for any separate note from you.
However, each case will be carefully considered on its own merits and if justification can be provided to explain why the solicitor was unable to make a request for sanction of his/her own accord we will consider payment of a note where we are satisfied this was reasonable and necessary in the particular circumstances of the case.
Where you claim for multiple notes with no supporting narrative to explain the purpose of each note we will normally disallow each claim and invite you to set out the purpose of each note or, where necessary, request copies of each note to allow us to determine the reasonableness of each claim.
Paragraph 2(e) of the notes on the operation states:
“in determining the appropriate fee for drafting a note, regard shall be had to the issues involved, the importance, novelty or complexity of the applicable law and, as appropriate, the absence of previous authority or the existence of adverse authority”.
Where we are satisfied that the note is a ‘note on liability and/or quantum’ or ‘note on line of evidence’ and you charge a higher fee within the range you must do so with reference to:
in support of the fee charged.
Where we are not satisfied as to the level of fee claimed we will allow either the base rate or a reasonable fee within the range where this is justified and invite you to provide further information in support of the claim.