Following on from an article I wrote regarding the consultation on legal aid funding reforms, the results of the consultation were published in December and on 9 March the Ministry of Justice approved 2 CDS Funding Orders which will come into force on 6 A
Following on from an article I wrote regarding the consultation on legal aid funding reforms, the results of the consultation were published in December and on 9 March the Ministry of Justice approved 2 CDS Funding Orders which will come into force on 6 April 2010.
The Criminal Defence Service (Funding) (Police Station Advice and Assistance) Order 2010 replaces the current fixed fees for advice and assistance at the police station with revised fixed fees. A combination of options 1 and 2b from the consultation paper have been adopted. Reductions of 2.5% to current fees have been made to all areas which are oversubscribed. If those firms also have a fee over the median of £200.00 then there is an additional reduction of 9% to their fees (therefore 11.5% in total). The only exception is where the fee is close to the median in which case a cap has been introduced of 2.5% under £200.00 to ensure that those firms just over the threshold are not penalised.
The Criminal Defence Service (Funding) (Amendment) Order 2010 introduces a new fixed fee for committal payments for cases with a representation order dated on or after 6 April 2010. Currently there is a lower and higher standard fee for such cases and if costs are over the higher limit threshold a CDS7 bill is prepared on a time basis. The new fixed fee will be £318.00 excluding VAT and cannot be claimed until the conclusion of the matter in the Crown Court when the litigator claim is made. The only circumstances where a committal category 3 payment will still be made is if the case is discontinued or withdrawn at committal.
If you would like further information about any of the matters raised in this article then please contact Ceri McRae (firstname.lastname@example.org) of our Costs and Litigation Funding Department.
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