LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
The MoJ has issued guidelines to help you to make successful travel expense claims under the family advocacy scheme.
Travel of 10 miles or more>
Travel expense claims are normally only available when journeys are more than 10 miles from the court, in which case you can justify counsel travelling using one of the following grounds (you must provide a full explanation on the form):
1. No local bar - This applies where there are no local chambers or the number of chambers is small. The following details must be provided on the form:
2. Continuity - Using counsel - but not chambers - familiar with the case or client may be reasonable justification for travel provided the nature of the hearing requires it. This must be justified.
3. Specialist knowledge - A particular counsel may be instructed owing to specialist knowledge or skill in a specific field of law. This needs to be justified.
4. Lack of available counsel - Where the instructing solicitor is unable to find a suitable local counsel it may be reasonable to instruct counsel from further afield. This needs to be justified on the claim form and the closest available counsel instructed.
Details of expenses
Travel of 10 miles or less
Local travel expenses are normally not allowed. The definition of 'local' is left to the discretion of the court. In general, 'local' is taken to mean within a 10-mile radius of the court.
The details are set out in Practice Direction 47 (as amended) accompanying the Civil Procedure Rules 1998.
Your travel costs must be justified on the CIV Claim 5a (available below).
For more information, go to http://www.justice.gov.uk/legal-aid/newslatest-updates/civil-news/travel-expenses-for-family-advocacy-work
The Red Book is the acknowledged authority on practice and procedure