In Excess of £250,000 Legal Aid Costs Recovered in Full: A Public Law HCCP Case Study
High Cost Case Plans can become particularly demanding where proceedings are lengthy, involve multiple Counsel and require the costs position to be continually reviewed as the case develops.
In one substantial public law care matter, SPH Costs provided specialist costs support throughout an events-based High Cost Case Plan (HCCP) involving leading and junior Counsel, extensive hearings and significant expert and interpreter involvement. The matter ultimately resulted in Legal Aid costs in excess of £250,000 being recovered in full.
This case study looks at some of the practical costs issues involved and how SPH Costs supported the HCCP from the initial case plan through to final billing.
Confidentiality note: Certain details of this matter have been generalised or omitted to preserve client confidentiality.
A Complex Public Law High Cost Case
The matter concerned complex public law care proceedings with substantial costs accruing over the course of the case. Both leading and junior Counsel were instructed, alongside significant expert and other evidence. As the substantive proceedings developed, so too did the costs position. This meant that managing the High Cost Case Plan was not simply a question of preparing an initial document. The plan and associated funding position required continuing attention throughout the life of the proceedings.
Managing the High Cost Case Plan
SPH Costs dealt with the initial High Cost Case Plan and subsequent updates as the case progressed. Our work included:
preparation of the initial case plan;
subsequent HCCP updates;
increases to the certificate limitation;
allocation of costs between leading and junior Counsel;
Counsel's fee notes and associated Chambers documentation;
correspondence and negotiation with the Legal Aid Agency;
costs issues arising from interpreter involvement; and
changes required as the matter progressed towards conclusion.
The case was managed under an events-based CCFS arrangement, requiring the costs position to be managed alongside the developing proceedings.
Managing Counsel's Costs
Where both leading and junior Counsel are instructed in substantial proceedings, Counsel's fees can represent a significant element of the overall Legal Aid costs. The costs position therefore required ongoing attention to ensure that Counsel's fees were appropriately dealt with as the case progressed. SPH Costs handled the relevant Counsel allocations and fee documentation as part of the wider management of the High Cost Case Plan. This illustrates an important feature of complex HCCPs: the costs position at the conclusion of proceedings can look considerably different from that anticipated when the original case plan was prepared.
Dealing With the Legal Aid Agency
High Cost Case Plans can require continuing engagement with the Legal Aid Agency as proceedings develop. In this matter, SPH Costs dealt with the relevant LAA correspondence and negotiations, together with the amendments and increases required during the life of the case. This allowed the costs position to be addressed as circumstances changed rather than being left until the substantive proceedings had concluded. For a busy fee earner managing complex public law proceedings, separating this costs work from the day-to-day conduct of the case can also reduce the administrative burden associated with maintaining the HCCP.
From Initial HCCP to Final Billing
SPH Costs' involvement continued through to the conclusion of the matter. This included dealing with the final increase required, the relevant outcome codes and the final billing process. Ultimately, Legal Aid costs in excess of £250,000 were recovered in full. The High Cost Case Plan was therefore managed as part of the complete costs recovery process: from the initial plan and subsequent amendments, through LAA correspondence and negotiation, to final billing.
What Can Legal Aid Firms Take From This Case?
Substantial High Cost Cases rarely remain static. The scope of proceedings can change. Hearings can develop. Counsel's involvement can increase. Further evidence may become necessary. The certificate limitation and case plan may consequently need to change as well. That makes ongoing costs management particularly important. Waiting until the substantive proceedings have concluded before addressing developing costs issues can make an already complex Legal Aid claim more difficult to manage. In this case, SPH Costs was involved throughout the HCCP process, providing continuity between the initial case plan, subsequent amendments, Counsel's costs, LAA correspondence and final billing. For firms conducting complex publicly funded work, that continuity can allow fee earners to concentrate on the substantive proceedings while specialist costs professionals manage the developing costs position.
Specialist HCCP Support for Legal Aid Firms
SPH Costs provides specialist High Cost Case Plan support for Legal Aid firms across England and Wales. Our HCCP work includes initial case plans, updates and amendments, CCFS and fully costed case plans, certificate limitation issues, Counsel's costs, LAA queries and support through to final billing. Where appropriate, our involvement can continue throughout the life of the case rather than ending once the initial HCCP has been prepared.
