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13 March 2009 / Andrew Keogh
Categories: Features , Public
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Crime Brief

Litigator Graduated Fees - A step by step guide

Litigator graduated fees (LGF) apply to all cases where the representation order is dated on or after 14 January 2008, and which do not fall within the very high cost case (VHCC) funding regime. So, if a case was in court on 10 January and adjourned for committal on 3 March and committed for trial, it would be billed under the old scheme (as the representation order dated 10 January covers crown court proceedings and is dated prior to 14 January). All fees in the 2007 funding order are expressed exclusive of VAT. Essentially, each case is “worth” a graduated fee. This depends on:

(i)                   the seriousness of case;

(ii)                 pages of evidence; and (iii) what happens—plea, cracked trial, or trial (there are other provisions dealing with transfers and various other outcomes such as hearings).

The magistrates’ court element of a case sent to the crown court (Crime and Disorder Act 1998, s 51) is included in the LGF and does

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London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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