[P]

It’s disaapplied for all controlled work e.g. Legal Help, as well as licenced (Certificates). See para 1.4 of the Standard Civil Contract Specification which is th eauthority referred to in reg 21(2) of teh Civil Legal Aid (Costs) Regulations 2013.

It was not disapplied for old Green Form and ABWOR, because the authority disapplying the Indeminty Principle under the Legal Aid Act 1988 scheme was under r107B of the Civil Legal Aid (General) Regulations, those regulations only ever applying to legal aid certiifcate funding.

[P]

If they elect to have the whole of the costs assessed then they submit the claim as normal on CCMS. Before that, the costs recovery will need to be reported via the outcomes in the usual way with the Costs Order and DCC uploaded in support. If the costs order doesn’t provide that the costs awarded is limited to the proceeds of sale figure, then there’s a debt and the paying party’s details will need to be completed. I’m unsure how you tell the LAA that you’re electing not to keep the recovered sum though, and you might need to send a Case Enquiry on CCMS about this.

However, if the recovery is only £2k short, it sounds like what is payable under legal aid rates will be far less. So, unless the solicitor thinks that the LAA will likely be able to recover the shortfall from the paying party, it may not be worth it.

[P]

I’ve relied on these on a few recent CCFS (Events) plans but I’m yet to hear back from VHCC on them. I don’t doubt that the VHCC Team don’t like them, when Events policy for single counsel plans was drawn up around 2014, giving an event price for AMs, it was on the basis that AMs were not being required as a matter of course before every hearing, and then that very quickly changed. However, unless they actually change the policy (which was something beyond the scope the exercise in 2019 when the solicitor guides were revised) allowing an Event Fee for any AM directed by the Court, then they appear to be stuck with the current situation.