https://www.slab.org.uk/guidance/uplifting-from-court-3/
https://www.slab.org.uk/guidance/uplifting-from-court-3/
| Advice & Assistance | Not applicable | |
| ABWOR |
Schedule 3, Part I
|
4(i) |
| Legal Aid |
Schedule 5 Civil Fees Regulations
|
5(a) |
Where you are required to uplift documents from court offices the fee payable is a standard fee prescribed at the formal rate.
The formal fee is payable regardless of the status of person carrying out the work, ie qualified/unqualified.
This is the fee payable regardless of the actual time engaged carrying out the uplift and an additional time charge for the period of time engaged at the court offices is not under any circumstances separately payable.
Where you are formally required to uplift documentation from a non–court office location a reasonable time charge may be claimed at the prescribed “non-advocacy” or solicitor’s clerk rate where it can be demonstrated that it is reasonable in the particular circumstances of the case.
However, we will only allow a fee as reasonable if the uplifting has been necessary and not due to an oversight on your behalf.
Where you charge an attendance on this basis the time reasonably engaged will be assessed akin to a meeting.
You should refer to the separate Legal Aid Guidance available.
Mindful of your obligation to conduct the case with due regard being had to economy every effort should be made to schedule the uplift of any document where you are attending court on other business.
This will avoid the need to travel for the specific purposes of uplifting.
However, where this is not possible and you undertake necessary and reasonable travel time to and from the court offices you will be entitled to a charge for travel additional to the formal fee for uplifting, where appropriate.
We will only allow a fee as reasonable if the travel has been necessary and not due to an oversight on your behalf.
You should refer to the separate Legal Aid Guidance available for travel for more information.
There is no equivalent “uplift” fee as this will routinely constitute representation.