https://www.slab.org.uk/guidance/research-2/
https://www.slab.org.uk/guidance/research-2/
| Advice & Assistance | Schedule 3, Part II | 1A (i) & (ii) |
| ABWOR |
Schedule 3, Part I
|
2(i) & (ii) |
| Legal Aid |
Schedule 1A, Part 1 – Summary and Solemn
|
9(a) & (b) |
Legal research is not usually allowable on assessment because:
Paragraph 17 of the Notes on the operation of schedule 1A states:
The fee prescribed in paragraph 9 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the conditions in sub-paragraph (2) are met.
(2) The conditions are that:
(a) the case is either—
(i) a summary case in respect of which—
(aa) Part 1 of the Table of Fees (detailed fees) applies, and
(bb) the Board considers the circumstances of the case to be exceptional, or
(ii) a solemn case in which either—
(aa) the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees), or
(bb) fees are payable in terms of paragraph 2(b) or (c) of these Notes; and
(b) the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.
Regulation 10A of the Criminal Fees Regulations makes clear that in determining whether work has been actually and reasonably done for the purposes of these Regulations the Board, or as the case may be the auditor, is to deem 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.
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.