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Preparing a High Cost Case Plan is not simply about submitting an initial plan to the Legal Aid Agency. Complex high-cost matters can require ongoing amendments, negotiations with the LAA, changes to costs limitations, Counsel allocations, expert fee issues, payments on account and ultimately final billing. SPH Costs provides specialist High Cost Case Plan support for solicitors throughout England & Wales.

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Our Legal Aid costs team can prepare the initial HCCP and continue managing the costs process as the case develops, helping reduce the administrative burden on fee earners and maintain continuity between the case plan, funding, interim payments and final recovery. We have experience managing substantial High Cost Cases from preparation of the initial plan through to final agreement and billing, including cases involving King's Counsel, Junior Counsel, numerous hearing days, multiple experts and substantial costs.

 

More Than Preparing the Initial HCCP

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A High Cost Case Plan can remain a live costs-management exercise throughout lengthy proceedings.

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• Preparing the initial High Cost Case Plan.

• Preparing and submitting amendments as the case develops.

• Updating stages, assumptions and anticipated work.

• Dealing with LAA queries and correspondence.

• Negotiating proposed reductions.

• Increasing costs limitations.

• Managing Counsel allocations.

• Liaising with Chambers regarding Counsel's fees and fee notes.

• Dealing with Counsel Acceptance Forms where required.

• Addressing expert and other disbursement issues.

• Supporting payments on account.

• Managing interim billing where appropriate.

• Completing final costs increase applications.

• Dealing with outcome codes.

• Preparing and submitting the final Legal Aid bill.

 

This means firms can instruct SPH Costs at the beginning of a High Cost Case and retain specialist costs support as the matter progresses, rather than returning to the HCCP only when a funding or billing problem arises.

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Public Law Family High Cost Case Plans

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High-cost public law proceedings can involve substantial solicitor and Counsel costs, numerous hearings, multiple experts and significant changes as proceedings develop. SPH Costs has experience preparing and managing event-based CCFS High Cost Case Plans in substantial public law care proceedings, including cases involving King's Counsel and Junior Counsel.  Our involvement can extend from preparation of the initial plan through ongoing amendments, LAA negotiations, costs limitation increases, Counsel allocations and payments on account to final billing and recovery.

 

Court of Protection High Cost Case Plans

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We also have experience managing fully costed High Cost Case Plans in complex Court of Protection proceedings.

These matters may require the plan to develop substantially over the lifetime of the case as additional hearings, stages, expert evidence and other work become necessary. SPH Costs can manage those changes while maintaining consistency between the approved plan, work undertaken, funding and eventual costs recovery.

 

Case Study – Approximately £260,000 Recovered in Complex Public Law Care Proceedings

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SPH Costs was instructed to manage the High Cost Case Plan in substantial public law care proceedings. The matter developed into a case with total costs of approximately £260,000.

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• King's Counsel and Junior Counsel.

• More than 60 hearing days.

• A final/fact-finding hearing lasting approximately four weeks.

• Psychological evidence.

• Independent social work evidence.

• Significant interpreter requirements.

 

The matter proceeded under an events-based CCFS case plan. SPH Costs prepared the initial case plan and continued updating and managing it throughout the proceedings. Our work included submitting the case plan to the Legal Aid Agency, obtaining increases to the costs limitation, managing Counsel allocations, liaising with Chambers regarding fee notes, dealing with LAA correspondence and negotiating proposed reductions.

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A particular complication involved substantial interpreter fees, including fees exceeding codified rates and differing prior-authority positions. This required additional work addressing recoverability and the unusual circumstances surrounding the interpreter arrangements. SPH Costs continued managing the costs process through to conclusion, including final agreement, the final costs increase application, outcome codes and final billing.

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Outcome

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The agreed costs were recovered in full at approximately £260,000.

• £90,000 for King's Counsel.

• £55,000 for Junior Counsel.

• £80,000 in solicitors' costs.

• Substantial interpreter, expert and other disbursement costs.

 

This case demonstrates the importance of managing an HCCP throughout the life of substantial proceedings rather than treating the case plan as a one-off document prepared at the outset.

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Case Study – Approximately £140,000 Recovered in Complex Court of Protection Proceedings

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SPH Costs was instructed in complex Court of Protection proceedings concerning a Section 21A deprivation of liberty matter. The fully costed High Cost Case Plan ultimately involved approximately £140,000 in costs. The proceedings involved experienced Junior Counsel together with evidence from several professionals and experts, including:

• A psychiatrist.

• A psychologist.

• An Independent Social Worker.

• An Occupational Therapist.

 

SPH Costs prepared the initial High Cost Case Plan and managed it throughout the proceedings.

As the case developed, further stages were required following hearings and the plan ultimately contained approximately 12 stages. Our work included obtaining approval for the developing stages, increasing the costs limitation as stages were agreed, updating Counsel's allocation to facilitate payments on account, liaising with Chambers, dealing with Counsel Acceptance Forms and managing the case through to final billing.

A significant issue concerned enhancement.

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An enhancement of 100% was sought because of the complexity of the matter. The LAA initially offered 40%.

Following further representations and negotiation, 70% enhancement was secured across all stages. The proceedings were also interrupted for a substantial period. SPH Costs dealt with the LAA to ensure the funding certificate remained open while the proceedings were stayed and until the case could continue. We managed the matter through interim billing and ultimately through final agreement and billing.

 

Outcome

 

Approximately £140,000 was recovered in full, including approximately:

• £35,000 for Counsel.

• £105,000 in solicitors' costs.

 

The case demonstrates the value of active HCCP management where proceedings, funding requirements and costs evolve significantly over time.

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Why High Cost Case Plans Need Ongoing Management

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An HCCP establishes the framework for funding, but complex proceedings rarely develop exactly as anticipated.

Additional hearings may be required. Experts may become necessary. Counsel's involvement may increase. New stages may arise. Costs limitations may need to be increased.  The LAA may query assumptions, rates, enhancement, experts or anticipated work.  A plan that is not kept aligned with the developing proceedings can create difficulties later when payments on account or final costs are claimed. Our approach is therefore to consider the HCCP as part of the whole Legal Aid costs recovery process rather than an isolated document.

 

CCFS and Fully Costed High Cost Case Plans

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Our experience includes both event-based CCFS case plans and fully costed High Cost Case Plans.

The appropriate approach depends upon the nature of the matter and applicable Legal Aid arrangements.

We can assist with the preparation of a new plan, take over an existing plan requiring amendment or provide ongoing support where a case has become increasingly complex.

Dealing With LAA Queries and Negotiations

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The LAA may seek further information or propose reductions to elements of a High Cost Case Plan.

This may concern:

• Proposed reductions.

• Enhancement.

• Counsel's fees and allocations.

• Expert costs.

• Costs limitations.

• Additional stages.

• Changes in anticipated hearings.

• Supporting assumptions.

• Payments on account.

• Amendments arising from changes in the proceedings.

 

Where appropriate, we prepare the supporting explanation and deal with the LAA regarding disputed elements rather than simply passing the query back to the instructing solicitor.

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Managing Counsel and Expert Costs

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Counsel and expert costs can represent a substantial proportion of expenditure in a High Cost Case.  Our experience includes cases involving King's Counsel, Junior Counsel and multiple experts.  Our work can include liaising with Chambers, obtaining fee information, managing Counsel allocations and addressing issues affecting payments on account and final recovery.  Where expert or other disbursement issues arise, we consider the relevant funding position and supporting material as part of the wider case-plan strategy.

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HCCPs With Future Billing and Recovery in Mind

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One of the advantages of retaining the same specialist costs team throughout a High Cost Case is continuity.

SPH Costs can consider the relationship between:

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• The approved HCCP.

• Costs limitations.

• Counsel allocations.

• Payments on account.

• Work actually undertaken.

• CCMS.

• Interim billing.

• Final billing and recovery.

 

his can reduce the risk of inconsistencies being discovered only when the firm is trying to recover its costs at the conclusion of lengthy proceedings.

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Why Firms Outsource HCCPs to SPH Costs

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High Cost Case Plans can consume considerable fee-earner time, particularly where a matter requires repeated amendments and correspondence with the LAA. Firms instruct SPH Costs because they want specialist assistance with the costs process while their solicitors concentrate on conducting the underlying proceedings.

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• Specialist Legal Aid costs experience.

• HCCP preparation and ongoing management.

• Experience of substantial and complex High Cost Cases.

• CCFS and fully costed case-plan experience.

• LAA query and negotiation support.

• Counsel and expert costs experience.

• Costs limitation management.

• Interim and final billing support.

• Continuity throughout the life of the matter.

• Nationwide support for firms across England & Wales.

 

Already have an HCCP in Progress?

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You do not have to instruct us only at the beginning of a case.  We can assist where:

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• An existing HCCP requires amendment.

• The case has become more complex than originally anticipated.

• Additional hearings or stages have arisen.

• Counsel or expert costs have increased.

• The costs limitation requires review.

• The LAA has raised queries.

• Proposed reductions require a response.

• Enhancement is disputed.

• Interim or final billing requires specialist assistance.

 

Send us the existing plan and relevant information and our Legal Aid costs team can review the current position.

 

HCCPs as Part of the Wider Legal Aid Costs Process

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High Cost Case Plans form part of SPH Costs' wider Legal Aid costs service.

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• Legal Aid Billing Services

• CCMS Costs Drafting and Claims

• Legal Aid Costs Draftsman Services

• Escape Fee Claims

 

This enables firms to obtain specialist assistance beyond preparation of the HCCP itself, including ongoing Legal Aid billing and recovery issues.

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Frequently Asked Questions

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When is a High Cost Case Plan required?

High Cost Case arrangements apply to qualifying high-cost Legal Aid matters. The appropriate case-planning arrangements depend upon the type of case and applicable LAA scheme. If you are unsure which approach applies, we can review the matter and advise on the costs-planning requirements.

 

Can SPH Costs prepare a new High Cost Case Plan?

Yes. We can prepare the initial HCCP based upon the anticipated progression of the case, including Counsel, experts, hearings and other expected work.

 

Can SPH Costs take over an existing HCCP?

Yes. We can review and update an existing plan where proceedings have developed or the firm requires specialist assistance with amendments or LAA queries.

 

Can you continue managing the HCCP after it has been approved?

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Yes. Our experience includes managing case plans throughout lengthy proceedings, including amendments, additional stages, costs limitations, Counsel allocations, LAA correspondence, interim billing and final recovery.

 

Do you deal with the Legal Aid Agency throughout the process?

Our HCCP work includes submitting case-plan information and dealing with LAA correspondence, queries and negotiations as required throughout the costs process.

 

Can you assist with Counsel's fees and payments on account?

Yes. Our experience includes liaising with Chambers, dealing with Counsel allocations and fee information, and managing aspects of the HCCP required to facilitate payments on account.

 

Do you deal with both CCFS and fully costed High Cost Case Plans?

Yes. Our experience includes event-based CCFS case plans and fully costed High Cost Case Plans.

 

Can you assist with Court of Protection High Cost Case Plans?

Yes. Our experience includes substantial fully costed Court of Protection HCCPs involving multiple stages, Counsel, expert evidence, enhancement negotiations, costs limitation increases, interim billing and final recovery.

 

Need a High Cost Case Plan Costs Draftsman?

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If you need a specialist Legal Aid costs draftsman to prepare, amend or manage a High Cost Case Plan, speak to SPH Costs. We support solicitors throughout England & Wales with HCCP preparation, LAA correspondence and negotiation, costs limitations, Counsel allocations, CCMS and subsequent billing.  For substantial matters, we can remain involved throughout the life of the case so that the HCCP, funding and eventual costs recovery are managed as one continuous process.

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Common Legal Aid Costs Problems

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Legal Aid practitioners frequently encounter issues including:

• High Costs Case Plans.

• CCMS claim rejections.

• Escape Fee assessments.

• Prior Authority queries.

• Payment delays.

• Assessment reductions.

• Legal Aid Agency requests for further information.

 

For additional practical guidance, visit our Common Costs Problems page.

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Telephone: 01772 435550
Email: egb@sphcosts.com

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