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FAQ: Assessment of solicitor-advocates' costs in criminal proceedings

6 February 2017

The Law Society’s Practice Advice Service offers guidance on solicitor-advocates’s costs in criminal proceedings. 

The Criminal Defence Service (Funding) Order 2007 (SI 2007/1174) came into force for all representations granted on or after 30 April 2007. It has since been amended including by The Criminal Defence Service (Funding) Amendment Order 2010 (SI 2010/679). It gives increased remuneration for solicitors undertaking advocacy in the Crown Court, with other changes for solicitors with higher court rights of audience. More details can be found in Fees for Crown Court advocacy by Anthony Edwards, which is available on the Law Society’s Gazette website, (2007)104 LSG 27, p.26 to 27.

According to Butterworth’s Costs Service, para. M[1448], remuneration of solicitor-advocates in the Crown Court or higher courts is assessed on the same basis as ordinary solicitors’ costs. The solicitor-advocate will not be granted a notional brief fee or refreshers. See also Hurst, Criminal Costs (2007), para 18.40-18.43.

Record last checked 31 January 2017

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This FAQ is compiled by the Law Society Library. Comments relating to the questions should be sent to library@lawsociety.org.uk.

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.