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Litigation Letter

Costs of Preparing Bill

A Local Authority v a Mother and Child (Family Proceedings: Legal Aid Assessment) Unreported 20 December CA

The issue raised in this appeal is what, on a legal aid assessment in family proceedings, a solicitor may claim for preparing the bill of costs. The sum claimed in this case was only £59. Considerable sums however are at stake annually, both for solicitors practising in family law and for the Legal Services Commission. The case also raises a question of some constitutional interest on-the status of the Practice Directions accompanying the Civil Procedure Rules. A bill was submitted to the county court to be assessed pursuant to that order and in accordance with the Civil Legal Aid (General) Regulations 1989, regulation 107. It contained two relevant items:

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