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Crime Brief

13 March 2009 / Andrew Keogh
Categories: Features , Public
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Litigator Graduated Fees - A step by step guide

Litigator graduated fees (LGF) apply to all cases where the representation order is dated on or after 14 January 2008, and which do not fall within the very high cost case (VHCC) funding regime. So, if a case was in court on 10 January and adjourned for committal on 3 March and committed for trial, it would be billed under the old scheme (as the representation order dated 10 January covers crown court proceedings and is dated prior to 14 January). All fees in the 2007 funding order are expressed exclusive of VAT. Essentially, each case is “worth” a graduated fee. This depends on:

(i)                   the seriousness of case;

(ii)                 pages of evidence; and (iii) what happens—plea, cracked trial, or trial (there are other provisions dealing with transfers and various other outcomes such as hearings).

The magistrates’ court element of a case sent to the crown court (Crime and Disorder Act 1998, s 51) is included in the LGF and does not attract any extra payment.

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