This Advanced Guide details how providers should claim their costs in Immigration and Asylum Appeals that are heard in the Upper Tribunal.
For technical guidance questions, please refer to the Immigration and Asylum Upper Tribunal Appeal Handbook, which is available here:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/759115/
Alternatively, please refer to the Electronic Handbook, which is available here:
https://www.gov.uk/guidance/funding-and-costs-assessment-for-civil-and-crime-matters
Initiate the billing process by searching for the case you wish to bill against through the Cases and Application section.
Click Search then select the case from the search results.
Once in the Case Overview Screen, scroll down to the table of Available Actions and click on Billing.
If Outcomes have been submitted, the proceedings showing will be at a status of ‘Outcome’. Ensure this is the status for all proceedings so a final bill option is available.
If not, refer to the Advanced Guide ‘Submitting Outcomes and Discharge’.
Click Create Bill from the Case Statement of Account screen.
This creates a draft bill, which can be saved and returned to later if required.
Select the type of bill you wish to submit.
Once the Outcomes are complete, ‘Solicitor Final’ will be the only option. If you want to submit a Solicitor Interim, you should contact LAA through a Billing Enquiry to request permission.
Note: you must contact LAA for permission upfront to submit a Solicitor Interim claim. Without this permission, CCMS will not allow you to proceed beyond this screen.
Confirm if the client has a financial interest in the claim.
Note: the client will have a financial interest it the certificate is revoked, or if they have received a costs or damages award. You must send a copy of the claim to the client and allow them 21 days to respond with any representations against the claim before submitting.
Confirm if the claim has been assessed by the Tribunal or is to be assessed by LAA.
If the answer to this question is yes, please follow the Advanced Guide ‘Court Assessed Bills’.
Note: the bill will be assessed at court if the assessable costs or over £2,500 or if there is any inter partes costs element.
The Bill Details screen is where the costs incurred in the case are entered. Each item of work should have its own line, though letters and calls can be claimed at summary level. Remember the following when entering:
- Activity Date entered for work done
- Activity Type selected from dropdown
- Enter Activity Time and Hourly Rate combination for work (leaving Net and Amount of Items blank). CCMS will work out amounts due from Hourly rate and Time spent in HH:MM format
All work, including disbursements, should be claimed on this page. Enhancement should be claimed as part of the base rate entered. So, for example, if a base rate of £50 is claimed, plus a 50% enhancement, the base rate to claim would be £75. This should be explained in the case narrative.
Once you have entered all work, click Next.
Note: Due to these differing rates, CCMS could not be pre-programmed with rates. It will be for Providers to input the rate applicable. On that basis, Billing screens allow Solicitors to enter their own rates based on the guidance available in the Immigration and Asylum Upper Tribunal Appeal Handbook.
Incorrectly entered rates will lead to a bill reject and delays in payment, so please ensure rates are entered correctly.