Legal Aid

Submitting cost claims when the instructed advocate changes

PUBLISHED March 4, 2013

Clarifying who should claim for all work on a case

Responsibility for submitting cost claims for work on a case is always the responsibility of the ?last? instructed advocate.

That is the rule to follow if there is a change of instructed advocate.

This means the last leading instructed advocate will claim for all work done by the leading advocates. This includes work carried out by:

  1. any stand in or substitute advocates
  2. trial advocates
  3. previous instructed leading advocates

Similarly, the last led instructed advocate is responsible for claiming for all work done by the led advocates. Again, this includes the work listed above.

These responsibilities apply even where the final instructed advocate is:

  • unaware of who did the previous work
  • they were instructed by different litigators

AF1 form

All items of work should be claimed on one AF1 form with all of the appropriate supporting evidence. This includes special and wasted preparation and noting briefs etc.

All advocates involved in a case should ensure that any work they carry out is reported to the instructed advocate straight away.

This will allow the last instructed advocate to submit the final claim promptly.

Any outgoing instructed advocate should submit details of all work carried out to the new instructed advocate as soon as possible after the transfer of instructions. This includes ?wasted preparation?.

This will allow the last instructed advocate to submit the final claim promptly.

Further information

Justice website: AF1 form

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