Legal Aid

Claiming travel under the Litigator Fee scheme

PUBLISHED May 24, 2012

24 May 2012

Guidance on how to claim

Travel rates for travel incurred as part of a claim under the Litigator Graduated Fee Scheme (LGFS) should be claimed for at public transport rates (currently 25p per mile).

This is unless there are specific reasons for each journey made which would justify using private transport.

If you are claiming for private transport rates, you must provide justification for each journey made when you submit your claim.

Further information is available in the LGFS guidance (2.43);

'The standard rate of mileage may only be paid where travel has been authorised and the use of a private motor vehicle was necessary (for example, because no public transport was available), or where a considerable saving of time is made'

Some providers have taken on cases a substantial distance from either the defendant's home address or the court where the case was heard.

In this instance, the LSC has the option to amend the amount of travel allowed.

In accordance with paragraph 16 (1) and (2) of the CDS funding order 2007  'Determination of litigators' disbursements' :

  • Subject to paragraphs (2) to (5), the appropriate officer must allow such disbursements claimed under article 6(2) as appear to him to have been reasonably incurred.
  • If the disbursements claimed are abnormally large by reason of the distance of the court or the assisted person's residence or both from the litigator's place of business, the appropriate officer may limit reimbursement of the disbursements to what otherwise would, having regard to all the circumstances, be a reasonable amount.

Where the above applies, please provide justification for the travel costs on a covering letter with your LF1 form to prevent claims being returned.

Further Information

If you have any queries please contact the Litigator Fee Team

Telephone: 0115 908 4383

Telephone: 0151 242 5239