Costs Limits
This chapter will lay out how to check CCMS for the costs allocated to each firm. These screens are only available to the second provider, who has control of the certificate.
Where a certificate has transferred providers, and you are intending for each provider to claim separately, it is the responsibility of the second provider to ensure that the first provider is allocated a cost limit in CCMS.
The first provider cannot allocate costs on the certificate to themselves. CCMS will default to £0.00 and the first provider will be unable to access the case until they are allocated a cost limit.
In certain cases, LAA will expect to receive claims from both the first and second provider together. For more information on this, please refer to chapter 4: Point of Assessment.
Search for the case using the Cases and Applications page.
Enter any of the unique information for the case, then click Search
On the Case Overview page, select View Case or Application.
On the Case Details page, scroll down and select Case Cost Limitation.
On the Case Cost Details screen, select Cost Limit Allocation.
The Case Cost Details screen will breakdown the full allocations, and amount used, to every party allocated on the case, including counsel.
The Provider row is the current named provider on the certificate. The Solicitor row is any previously instructed solicitor.
The Provider Cost Breakdown column shows how much has been allocated to each party.
In this example, the first provider has been allocated £1,150 and the current provider £15,357.56.
Fixed Fee Cases
This chapter will show the specific steps for claiming on a fixed fee case where there has been a provider transfer. It should be used in conjunction with the step-by-step guide for billing a fixed fee case.
For cases that have escaped the fixed fee, or other family cases paid at hourly rates, please refer to chapter 3: Hourly Rates.
First Provider
Where you are the first provider and your costs have not escaped the fixed fee threshold, you can claim at the end of your involvement in proceedings.
Create the bill in line with the step-by-step guide for LAA Assessed bills.
If you cannot find the case, you should contact the second provider to ensure you have been assigned to the case and allocated a cost limit.
On the Provider Bill Type page, make sure you select Solicitor Interim bill from the dropdown menu.
If the Solicitor Interim option does not appear, this is because the second provider has submitted the case Outcome. This means that CCMS is now expecting a Final Bill only. You will have to contact the second provider to arrange for them to have the Outcome cleared. Once the Outcome is cleared, CCMS will again allow an Interim Bill to be submitted. You should not submit your claim as a Solicitor Final bill.
On the Payment On Account (POA) Recoupment page select all POAs for recoupment.
If you bill using CCMS’ Claim Upload functionality, you will not get the option to select all POAs for recoupment. You can upload a note to LAA and we will select the POAs on your behalf.
Continue to create your bill in line with the step-by-step guide for LAA Assessed bills.
On the First Acting Solicitor page, select Yes. This allows CCMS to calculate the correct fee for you
On the Transfer of Solicitor page select Yes. This allows CCMS to calculate the correct fee for you.
On the Clients Retained page select:
- 0 if you have not retained any clients;
- 1 if you originally represented multiple clients and have retained 1 of them; or
- 2+ if you originally represented multiple clients and have retained 2 or more of them.
This allows CCMS to calculate the correct fee for you.
On the Client Number At The Start Of The Case page select:
- 1 if you originally represented 1 client; or
- 2+ if you originally represented multiple clients.
This allows CCMS to calculate the correct fee for you.
Complete your bill in line with the step-by-step guide for LAA Assessed bills.
Second Provider
Once the first provider has billed, you should submit your case Outcome in line with the step-by-step guide.
You should not submit your Outcome until the first provider has billed. Doing so will prevent the first provider from claiming.
You should check if the first provider has been paid prior to submitting your claim. Please refer to chapter 1: Costs Limits.
If there are excess costs available to the first provider after they have been paid, you can re-allocate them back to yourself prior to submitting your claim.
Create the bill in line with the step-by-step guide for LAA Assessed bills.
On the Provider Bill Type page, make sure you select Solicitor Final bill from the dropdown menu.
Continue to create your bill in line with the step-by-step guide for LAA Assessed bills.
On the First Acting Solicitor page, select No. This allows CCMS to calculate the correct fee for you.
On the Transfer of Solicitor page select Yes. This allows CCMS to calculate the correct fee for you.
On the Clients Retained page always select 0 because you are the second provider.
On the Client Number At The Start Of The Case page select:
- 1 if 1 client was transferred to your firm; or
- 2+ if 2 or more clients were transferred to your firm.
Complete your bill in line with the step-by-step guide for LAA Assessed bills.
Hourly Rates
This chapter will show the specific steps for claiming on an hourly rated case where there has been a transfer of provider. This includes family cases that are excluded from the fixed fee, have escaped the fixed fee, or are otherwise paid at hourly rates. It should be used in conjunction with the step-by-step guide for billing an LAA assessed bill or a court assessed bill as applicable.
It is up to the providers to agree between themselves if they are going to submit a single bill for all costs or claim individually from LAA. Where you elect to claim individually, LAA will expect to receive claims from both the first and second provider together. Where claims come in prematurely, this can lead to bill rejects which can impact on your KPIs and delay payment.
For more information on this, please refer to chapter 4: Point of Assessment.
Claiming Together
Where you have elected to submit a single claim covering the costs of both providers, the full costs limit (excluding counsel costs) should be allocated to the second provider. Please refer to chapter 1: Costs Limits.
Before billing, you should submit your case Outcome in line with the step-by-step guide.
A single bill for the full costs should be created in line with the step-by-step guide for LAA assessed or court assessed bills.
Where claiming together, it is helpful to upload confirmation from the first firm that they consent to claiming this way.
Family Cases That Escape the Fixed Fee
Although you can submit your claim together where both provider’s costs have escaped the relevant fixed fee, each claim will need to escape the fixed fee in its own right. If you are billing together, LAA will require specific evidence to be uploaded that confirms this or your bill may be subject to rejection.
POAs
CCMS will default to recouping the POAs from the account that they were originally paid to. This should be accounted for when distributing the costs between providers.
Claiming Separately
Where you have elected to claim your costs separately, you will need to seek permission prior to billing from LAA where the case is:
- Civil non-family;
- A family case excluded from the fixed fee (for example, representation of a child); or
- Other public law (for example, discharging of a Care order).
CCMS will only allow separate billing by default where the case is one that has escaped from the fixed fee.
You can request permission using a Bill Enquiry, please refer to Submit a Case Enquiry: Quick Guide.
Where you have elected to submit separate claims, the first provider must be allocated an appropriate cost limit. Please refer to chapter 1: Costs Limits.
First provider
Create the bill in line with the step-by-step guide for LAA assessed bills or Court assessed bills as applicable.
You should liaise with the second provider to coordinate submissions. Failure to do this may lead to delays in payment and civil bill rejects.
If you cannot find the case, you should contact the second provider to ensure you have been assigned to the case and allocated a cost limit.
On the Provider Bill Type page, make sure you select Solicitor Interim bill from the dropdown menu.
If the Solicitor Interim option does not appear, this is because either:
- the second provider has submitted the case Outcome. This means that CCMS is now expecting a Final Bill only. You will have to contact the second provider to arrange for them to have the Outcome cleared. Once the Outcome is cleared, CCMS will again allow an Interim Bill to be submitted. You should not submit your claim as a Solicitor Final bill. And/or;
- LAA have not given permission for interim billing on the case. You should liaise with the second solicitor and request permission from LAA on a Bill Enquiry.
On the Payment On Account (POA) Recoupment page select all POAs for recoupment.
If you bill using CCMS’ Claim Upload functionality, you will not get the option to select all POAs for recoupment. You can upload a note to LAA and we will select the POAs on your behalf.
Complete your bill in line with the step-by-step guide for LAA assessed bills or Court assessed bills as applicable.
Second provider
Once the first provider has billed, you should submit your case Outcome in line with the step-by-step guide.
You should not submit your Outcome until the first provider has billed. Doing so will prevent the first provider from claiming.
Create the bill in line with the step-by-step guide for LAA assessed bills or Court assessed bills as applicable.
On the Provider Bill Type page, make sure you select Solicitor Final bill from the dropdown menu.
Complete your bill in line with the step-by-step guide for LAA assessed bills or Court assessed bills as applicable.
Family Cases that Escape the Fixed Fee
Where your claim escapes the fixed fee, CCMS will present the same questions as if it were a fixed fee claim. This is to check the case correctly escapes the fixed fee. For completion of the claim, please refer to chapter 2: Fixed Fee Cases.
Despite being a fixed fee case, as the costs have escaped, they are now assessable. This means the point of assessment still applies as if it were an hourly rates case. Please refer to chapter 4.2: Hourly Rates.
Point of Assessment
In order to assess the costs of both solicitors, one of the following must have taken place:
- the case has concluded and there is an order from the court providing for assessment; or
- the funding has been withdrawn by way of discharge or revocation.
This applies where the assessing authority is LAA or the court.
Fixed Fee Cases
Claims made as a fixed fee are not assessable costs.
For any case paid as a fixed fee, you can claim upon completion of that Aspect or once the case has transferred.
This does not apply to cases that have escaped the fixed fee
Hourly Rates
Claims made at hourly rates are assessable costs.
For any case with hourly rates, either non-family or family proceedings paid at hourly rates, LAA will to treat the claims as one single claim with one single point of assessment. Claims will not be assessed independently. When claiming separately, you will need to coordinate to ensure all claims are submitted together for assessment.
This also applies to any family case that has become hourly rates by virtue of escaping the fixed fee. Where only the first provider’s costs have escaped the fixed fee, they will need to wait until the point of assessment has been reached before submitting their claim. A POA of up to 80% of the profit costs can be made prior to the certificate being transferred.
Further Guidance
You can access further guidance in the Electronic Civil Finance Handbook, available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1058499/Civil_Finance_Electronic_Handbook_V3.2.1.pdf
Examples
Example 1
Situation:
A family certificate for private law children and domestic abuse proceedings has transferred providers. Only one client is represented. The first provider’s costs have escaped the fixed fee threshold for the private law children Aspect, but not for the domestic abuse Aspect. Neither Aspect has escaped the respective fixed fee thresholds for the second provider.
Claim:
The first firm can claim the domestic abuse Aspect once the certificate is transferred as it is a fixed fee claim, but they must wait until the point of assessment has been triggered to claim the private law children Aspect as the costs are assessable if they have passed the escape threshold. In the meantime, subject to the provisions on claiming Payment on Accounts (POAs), a claim for up to 80% of the costs, or outstanding expert fees, could be submitted prior to the transfer of providers being completed on the certificate.
The second firm can claim as normal upon the conclusion of each Aspect and should notify the first provider when the private children Aspect is concluded so a bill can be prepared and submitted.
It is advisable that firms claim independently in CCMS and coordinate any submission of claims as necessary. The second firm should not submit the Solicitor Final bill until the first firm has been paid any Solicitor Interim claims.
Example 2:
Situation:
A family certificate under the Care Proceedings Graduated Fee Scheme (CPGFS) finalised in the County Court. Client has transferred solicitor twice, so there are three firms. The first firm’s costs escape the fixed fee at £6,000. The second firm’s costs are to be claimed under the fixed fee. The third firm’s costs also escape the fixed fee at £6,000
Claim:
The second firm’s costs can be assessed immediately by LAA through an Interim Bill in CCMS once their involvement on the case is concluded. The first and third firms’ combined determine the amount of the assessable costs (£12,000) and a single bill should be sent to LAA or the court for assessment. The firms can then submit either one combined Final Bill or can split the costs upfront and submit an Interim Bill and Final Bill. This should be agreed upon by the providers, the first provider cannot elect to have their costs assessed by the court and the second provider choose assessment by LAA: the claim must be subject to a single assessment by the same assessing authority.
Example 3:
Situation:
Certificates are issued for siblings in Care proceedings. One child then requires separate representation and transfers firm. First firm’s costs escape fixed fee at £7,000. The second firm’s costs do not, but disbursement incurred are £5,000
Claim:
As the matters are now formally de-consolidated, they are separate so should not be billed together. The first firm involved will be entitled to the 2+ client fee, provided they attended at least one hearing for both clients and they should submit the outcome and Final Bill for assessment by either LAA or the court at their choosing on the certificate they retained. The second firm should submit the outcome and a Final Bill for the fixed fee on the certificate transferred to them.
Example 4:
Situation:
A certificate has transferred provider and proceedings concluded, but the first firm has since gone out of business and is now listed as intervened by the Solicitors Regulation Authority (SRA).
Claim:
The case should be flagged with LAA, who will give generally give permission for independent claiming regardless of any assessable costs, subject to financial impact on the client due to revocation of the certificate, refund due, or statutory charge decision. Where agreed, the second firm must then, in this specific order, submit to LAA:
- All relevant claims for their costs as Solicitor Interim bills in CCMS, ensuring all POAs are selected for recoupment; then
- The Case Outcome to close proceedings and discharge the case
In the event the intervened firm bills from LAA, they will then submit the Solicitor Final bill.
FAQ
| Question | Answer |
| I am the first provider, I am assigned to the case, but it is not appearing when I search for it. | You should contact the second provider to ensure you have a cost allocation of £0.01 or greater. If your allocated costs are £0.00, CCMS will act as if you are not assigned to the case. |
| I am the first provider trying to submit an Interim Bill, but I am only getting the option for a Final Bill. What should I do? | In the first instance, you should contact the second provider to ask if they have completed the Case Outcome. Once the outcome has been recorded in CCMS, CCMS considers the case closed and will only accept a Final Bill. If this needs undoing, please send LAA a Billing Enquiry asking us to ‘clear the Outcome’, which will allow an Interim Bill to be submitted. |
| I am the second provider submitting the bill on behalf of both firms, will the POAs recoup from my account? | No, CCMS is set with a default of recouping POAs from the account they were paid to. If you are the second firm and billing the full costs of the case, you should account for this when sharing costs out with the first solicitor. |
| My case finished in front of a District Judge and the assessable costs combined are £3,000. The first provider wants to have the claim assessed at court and I want to have it assessed by LAA. Who will assess the claim? | The costs of a case cannot be assessed in part by the court and in part by LAA, a single assessment must apply to all the costs incurred. In the first instance, you will be required to come to an agreement between yourselves. |