https://www.slab.org.uk/guidance/payment-of-necessary-accommodation-and-associated-subsistence-per-day/
https://www.slab.org.uk/guidance/payment-of-necessary-accommodation-and-associated-subsistence-per-day/
Where a supplementary fee for travel is chargeable an outlay in respect of necessary accommodation and subsistence may be payable where counsel reasonably stays overnight.
Chapter 6, paragraph 14
Payment of necessary accommodation and associated subsistence per day
In relation to Chapters 1-5 inclusive the fees prescribed in Chapter 6 apply.
Paragraph 11
Payment of necessary accommodation and associated subsistence per day.
Paragraph 8
Payment of necessary accommodation and associated subsistence per day.
Paragraph 8
Payment of necessary accommodation and associated subsistence per day.
Paragraph 16(1)(a) of the notes on the operation states the cost of necessary accommodation and subsistence is chargeable only:
“in circumstances where a fee for time engaged in necessary travel is chargeable under paragraph 14”.
Where you elect to stay overnight before undertaking work in relation to a case we must be satisfied that the travel supplement is payable.
For example, travelling from Glasgow to attend a five-day proof in Aberdeen you would be entitled to the travel supplement as that exceeds 120 mile round trip and ‘accommodation and subsistence’ costs can be considered.
Where we are not satisfied that the travel supplement is payable we must disallow the accommodation and subsistence.
For example, travelling from Glasgow to Edinburgh to attend a hearing you would not be entitled to the travel supplement as that does not exceed 120 miles round trip and on that basis any ‘accommodation and subsistence’ costs must be disallowed.
Paragraph 16(1)(b) of the notes on the operation states the cost of necessary accommodation and subsistence is chargeable only:
“on cause shown”
Where we are satisfied that travel is payable, we must also be satisfied that the accommodation and subsistence costs have been reasonably incurred.
For example, a lengthy return journey for an early court appearance may reasonably require you to travel the day before court and ‘accommodation and subsistence’ costs can be allowed.
Where we are not satisfied that accommodation and subsistence has reasonably been incurred we must disallow the claim.
Where you incur a non-refundable accommodation cost we can make payment where an explanation is provided in support of the cancellation fee demonstrating that the charge has been incurred through no fault of your own up to the limits that are set in the legal aid regulations, and subject to any pre-approved increased outlay.
For example, where a case resolves on the morning of the court resulting in the case not proceeding over the assigned number of days we can allow the non-refundable ‘accommodation and subsistence’ costs where we are satisfied that they have been reasonably incurred.
Paragraph 16(1)(c) of the notes on the operation states the cost of necessary accommodation and subsistence is chargeable only:
“subject to sub-paragraph (3), as an outlay up to the amount specified in (as the case may be)—
Where we are satisfied that the accommodation and subsistence can be paid we must allow the claim, as an outlay, up to the amount specified. The sum specified excludes VAT.
Where you charge up to the prescribed amount we can make payment in full unless we have information which suggests that a lower sum is payable.
Where you charge a sum which exceeds that we must reduce the claim to the prescribed limit unless the terms of paragraph 16(3) have been met (see ‘Costs exceeding maximum outlay specified’).
Paragraph 16(2) of the notes on the operation states:
“Counsel shall if required provide vouching of the costs incurred”.
This gives us the authority to request vouching where this is necessary.
Paragraph 16(3) of the notes on the operation states:
“Where counsel incurs accommodation and subsistence costs at an amount higher than the applicable amount specified in the relevant paragraph of sub-paragraph (1)(c), that higher amount is chargeable in place of the applicable amount only if—
Where you have received our prior approval to exceed the maximum outlay specified and we are satisfied that the amount charged as an outlay is reasonable and in accordance with the approved limit we must allow the claim, as an outlay. The sum specified excludes VAT.