This Advanced Guide details the process to follow on CCMS where there is a
continuation of a Fixed Fee case. This is where proceedings are concluded, but
re-open for the same client within 6 months. Where this happens, all work shall be deemed to be carried out under the same certificate.
This Advanced Guide is broken down into two parts depending on the status of the original certificate:
- Part 1: Covers situations where there is a continuation of the fixed fee and the
original certificate is still live. - Part 2: Covers situations where there is a continuation of the fixed fee and the
original certificate has been discharged or revoked.
Part 1: Original Certificate is Still Live
Where an aspect of a fixed fee case has been completed, but reopened at court, e.g. due to a breakdown in reconciliation between the parties, and the original funding certificate is still live, there is no need to apply for a new funding certificate.
You may need to submit an amendment where any new proceedings are required. Any work you undertake outside the scope of the certificate will be removed on assessment or may lead to a reject of your claim.
When claiming, all work under both the initial proceedings and the continuation should be made on one claim. Only one fixed fee will be allowable but all work undertaken will count towards the escape threshold for the fixed fee.
Whether the claim is assessed at court or by the Legal Aid Agency will be determined by the value of the assessable costs and in which court proceedings ultimately concluded.
Part 2: Original Certificate Has Been Discharged or Revoked
Where an aspect of a fixed fee case has been completed, but reopened at court, e.g. due to a breakdown in reconciliation between the parties, and the original funding certificate has been withdrawn, you will need to apply for a new funding certificate and request that it is linked to the original.
You will need to make sure your new application covers all the required proceedings. Any work you undertake outside the scope of the certificate will be removed on assessment or may lead to a reject of your claim.
When claiming and you have got a new certificate, and you have not submitted a claim under the original certificate, you should submit your claim for all work under one claim on the new certificate.
Only one fixed fee will be allowable, but, all work undertaken will count towards the escape threshold for the fixed fee. Whether the claim is assessed at court or by the Legal Aid Agency, will be determined by the value of the assessable costs, and in which court proceedings ultimately concluded.
You must also close the original certificate with a nil bill.
Please note: If you are claiming and have a new certificate, and have not claimed under the old certificate, but have submitted the Outcome, please continue as above.
All work should be claimed on one bill under the new certificate and the old certificate closed by way of a nil bill. You should wait until proceedings are concluded to submit the nil bill as it will recoup all POAs.
When claiming and you have got a new certificate but have already claimed under the first certificate, you should submit your claim for all work undertaken on one claim on the final certificate.
Only one fixed fee will be allowable but all work undertaken will count towards the escape threshold for the fixed fee. Whether the claim is assessed at court or by the Legal Aid Agency will be determined by the value of the assessable costs and in which court proceedings ultimately concluded.
Until the conclusion of proceedings, the payment under the initial certificate will be treated as a POA until the new claim with all work is processed. At this point the Legal Aid Agency will recoup the original payment along with any POAs on the new certificate.
It is helpful if you can refer to this being a continuation in the case narrative you upload.