https://www.slab.org.uk/guidance/research/
https://www.slab.org.uk/guidance/research/
| Advice & Assistance | Schedule 3, Part II | 1A (i) & (ii) |
| ABWOR |
Schedule 3, Part I
|
2(i) & (ii) |
| Legal Aid | Schedule 2A
Schedule 5 |
2(a) & (b) 2(a) & (b)
|
Legal research is not usually allowable on assessment because:
We can however make payment, on cause shown, for research where that work is chargeable on a detailed basis and not specifically precluded by statute, subject to what is provided below.
The test to be met is a high one and we do not expect claims for research to be commonly encountered.
When determining whether work has been actually and reasonably done we expect solicitors and counsel to be as up to date with the substantive and procedural law of the field in which they practise as a competent solicitor or counsel practising in that field.
Any charges made for researching an area of law in which you practise and have accepted instructions to act will not ordinarily be met.
Only in exceptional cases, where a novel, developing, unusual or complex point of law arises, requiring legal research, will consideration be given to paying any charges.
This is consistent with the English authority of Perry and Another v The Lord Chancellor Times Law Reports 26.5.1994.
Research is distinct from the perusal of case law provided in support of one of the other party’s submissions, for which a reasonable perusal time will be considered, on cause shown.
Where a claim for research is made, you must provide a supporting narrative or file note.
You will usually already have at least a general knowledge or understanding of the point being researched and you should record your reasons for undertaking the research in addition to your assessment of the effect of the law on the individual circumstances of the case.
A generalised narrative or note will almost inevitably result in the charge being disallowed and result in us asking for more information in support of the charge.
When a claim for research is made you must clarify what is being researched and explain the point of law which is novel, developing, unusual or complex.
The factors we assess as to whether the research required in the case goes beyond the understanding of the substantive and procedural law expected of solicitors are:
When satisfied that the tests have been met, a reasonable time charge may be considered and payment made accordingly as a time based charge at the prescribed rate for a solicitor or solicitor’s clerk for each quarter hour (or part thereof) where they are occupied in carrying out work for the client other than work for which a fee is otherwise prescribed.