Terms of Business

Standard Terms of Business and Instruction

(Instruction of unassigned counsel, agents, experts, interpreters and other suppliers)

Application of the Standard Terms of Business and Instruction

These Standard Terms of Business and Instruction shall apply unless a variation to any or all the terms has been agreed in writing by a partner of the firm. Acceptance of instructions from the firm as a police station agent, unassigned counsel in the Magistrates Court, a solicitor acting as an agent of the firm in the Magistrates Court, an expert witness, interpreter or in any other capacity shall be deemed to include acceptance of these terms.

Compliance with the Standard Terms of Business and Standard Terms of Instruction set out below is mandatory in all cases. In the event any of the Standard Terms of Business and Instruction set out below are not complied with, the firm shall not be obliged to make any payment to the person instructed.

Rates of Renumeration

Unless a private fee has been agreed in writing, unassigned counsel and solicitors acting as agents of the firm in the Magistrates Court shall be remunerated by the firm at the rate set out in the London Criminal Courts Solicitors’ Association, the Criminal Bar Association and the Bar Council 2019 Revised Protocol for the Instruction and Payment of Counsel in Magistrates’ Courts Cases within the Greater London Area and any amendments to the said Protocol as may from time to time be made. The terms of the Protocol shall apply regardless of whether the agent instructed is a solicitor or barrister.
Unless a private fee has been agreed in writing, police station agents shall be remunerated at the rate of £100 (net of VAT) per police station attendance conducted. Travel disbursements at the reasonable public transport rate, calculated from the firm’s office shall be paid in addition for appearances conducted during social hours. Travel disbursements at the rate of 45 pence per mile and reasonable parking expenses (or travel by public transport at the election of the agent, provided it was reasonable to use public transport) calculated from the agent’s home address (provided it is within the Greater London area) shall be paid in addition for appearances conducted during anti-social hours. In either case, where travel disbursements exceed £20, a PDF scan of a receipt vouching for the expense incurred shall be emailed to the member of the firm who instructed the agent.
Unless a private fee has been agreed in writing, experts and interpreters shall be remunerated at the rate set by the Legal Aid Agency (“LAA”) and in no circumstances shall the total fees and disbursements payable to the expert or interpreter exceed the total amount assessed and paid by the LAA. In the case of interpreters and experts, the total fee and disbursements may not exceed £100 (net of VAT) per attendance unless the firm has confirmed in writing that prior authority from the LAA to pay a higher fee has been granted.
Invoicing and Payment of Invoices
All fee notes and invoices must be sent by email to the firm’s finance officer at accounts@kingsburyellis.co.uk. The firm does not accept fee notes or invoices by DX, post or fax nor is the firm obligated to pay any invoice not sent by email to the firm’s finance officer.
All fee notes and invoices from police station agents, solicitor agents and counsel must be sent by email to the finance officer promptly and in any event within three calendar months of the attendance.
All invoices from experts and interpreters must be sent must be sent by email to the finance officer within 7 days of the attendance or completion of work and in any event prior to the conclusion of the case.
All fee notes and invoices from police station agents, solicitor agents, counsel, experts and interpreters must clearly identify the name of the client, the date(s) upon which work was done and the times engaged. Where VAT is charged, the invoice must include the VAT number of the VAT registered organisation or individual and show a breakdown of the net, VAT and total amounts. Where no VAT is charged, the invoice must clearly state that the organisation or individual is not registered for VAT. All invoices must state a sort code and account number to which the fee and any disbursements are to be paid. Payment of the fee and any disbursements claimed to the sort code and account number stated in the invoice shall be deemed full and final settlement of the firm’s liability. The firm is not obliged to make any payment by cheque or cash, although it may do so in its absolute discretion.
In the case of unassigned counsel, solicitors attending the Magistrates Court as agents of the firm and police station agents, all invoices received by email to the finance officer by the 15th of each month will be paid by electronic transfer on the 28th of the month. All invoices received by the finance officer by email after the 15th of the month will be paid by electronic transfer on the 28th of the following month.
In the case of interpreters and experts, where the total fees and disbursements do not exceed £100 (net of VAT), all invoices received by email to the finance officer will be paid by electronic transfer within 28 days of receipt of the invoice. In the case of interpreters and experts, where the fee and disbursements claimed exceeds £100 (net of VAT), all invoices received by email to the finance officer will be paid by electronic transfer within 28 days of payment by the LAA to the firm, subject to the conditions set out above and below.
In the case of all other suppliers, all invoices received by email to the finance officer will be paid by electronic transfer within 28 days. Where VAT is charged, the invoice must include the VAT number of the VAT registered organisation or individual and show a breakdown of the net, VAT and total amounts. Where no VAT is charged, the invoice must clearly state that the organisation or individual is not registered for VAT. All invoices must state a sort code and account number to which the fee and any disbursements are to be paid. Payment of the fee and any disbursements claimed to the sort code and account number stated in the invoice shall be deemed full and final settlement of the firm’s liability. The firm is not obliged to make any payment by cheque or cash, although it may do so in its absolute discretion.

Terms of Instruction of Police Station Agents

All agents instructed by the firm must fully complete eDec, CRM1 and CRM2 forms with the client and must ensure that the client signs both the CRM2 and the eDec forms. Should the client refuse to provide information or sign either form, this must be endorsed on the form.
All agents must provide a complete and legible attendance note, recording the times engaged, the result of the attendance, the disclosure given, advice given, the client’s instructions and a record of the interview.
The agent is responsible for obtaining the result of the attendance from the OIC and informing the member of the firm who instructed them of the result immediately. The agent will have consideration of the importance of urgently providing information as to a client’s means and the circumstances of the case in the event that they are charged and remanded to court the next day.
The agent shall within 48 hours of conducting the police station attendance, email clear and legible PDF scans of their attendance note, any written disclosure provided, eDec and CRM1 & 2 forms and copies of any prepared statement or other relevant document to Jo Schaefer at policestations@kingsburyellis.co.uk. The firm does not accept paper copies sent by post, fax or DX.

Terms of Instruction of unassigned Counsel and solicitor agents in the Magistrates Court

Save as otherwise stated, the terms of the London Criminal Courts Solicitors’ Association, the Criminal Bar Association and the Bar Council 2019 Revised Protocol for the Instruction and Payment of Counsel in Magistrates’ Courts Cases within the Greater London Area and any amendments to the said Protocol as may from time to time be made shall apply. The terms of the Protocol shall apply regardless of whether the agent instructed is a solicitor or barrister.
The agent must provide the result of the attendance to the member of the firm who instructed them immediately. All agents shall provide a complete and legible attendance note in PDF or Word format, recording the times engaged, the client’s instructions, the advice given and the result of the attendance. A clear and legible copy of the attendance note, together with any relevant case papers and Prosecution Initial Case Details documents served must be sent in PDF format by email to Jo Schaefer at magistratescourt@kingsburyellis.co.uk within 48 hours of the attendance. The firm does not accept paper copies sent by post, fax or DX.

Terms of Instruction of Interpreters

All Interpreters instructed by the firm must be competent in the language in which they have agreed to provide interpretation.
All interpreters must respect client confidentiality and legal professional privilege and not disclose to any third party any information learned whilst acting as an interpreter.
All interpreters must attend the appointed place they were booked to attend on time and remain at the venue to provide interpreting services until the conference or consultation is completed.

Terms of Instruction of Experts

All experts instructed by the firm must be competent in their field of expertise and, where applicable, must hold such qualifications and experience as may legally be required to properly give an admissible opinion.
All experts must respect client confidentiality and legal professional privilege and not disclose to any third party any information learned during the course of their instruction, save as they may be required to do so by law, in accordance with their duty to the court as an expert, in the course of giving evidence as an expert or as ordered to do so by a court.
All experts’ reports must be completed on time and sent by email as a signed PDF document to the member of the firm who instructed the expert. The firm does not accept paper copies sent by post, fax or DX.
All experts’ reports must comply fully with the relevant legislation, common law and the requirements of the Criminal Procedure Rules (“CPR”) in particular, but not limited to, CPR 33 and must address each point raised in Counsel’s Advice and / or the letter of instruction and express an opinion on each point where an opinion has been requested.
All opinions provided must comply fully with the requirements of the CPR (including, but not limited to, CPR 33) including providing reasons for the expert’s opinion and indicating where appropriate that the expert is unable to express an opinion or where the range of opinion amongst experts may vary.
All experts must comply fully with any directions made by the Court, including (but not limited to) the service of reports and further reports on time and as directed by the Court or required by the firm, liaising with other experts, acting as a joint expert if required to do so and providing clarification or further information as may be required either by the firm, the Court or in the proper discharge of their duty as an expert witness.
Acceptance of Instructions as an expert includes the requirement to attend Court and give evidence at the hearing in the case if required to do so. Whilst the firm will use best endeavours to secure a listing date which is convenient to the expert, provided that doing so would not be contrary to the interests of the client, the responsibility to attend Court when required to do so by the firm, Court, Prosecution or a Co-Defendant’s representatives is that of the expert.