The Legal Services Commission (LSC) Crown Court litigator fee scheme was introduced to cut costs by 10% and simplify the billing process. At training sessions, LSC staff were confident there would be few disputes and described the appeal procedure as unlikely to be used.

The pay rates are driven by class of offence, disposal, and especially pages of prosecution evidence (PPE). The assessment process involves LSC staff checking the solicitor’s claim against the CREST Crown Court database. Unfortunately, the database is incomplete and inaccurate and does not appear to include the number of pages of exhibits.

Our claims are regularly being reduced as a result.

We were told that LSC staff could only assess on the basis of the CREST database. Where a solicitor provided evidence in the form of indexes and even actual exhibits bundles this was to be ignored.

The LSC confirmed that, as a result, the majority of appeals against assessment concerned PPE.

Every firm should appeal every case. We would be pleased to hear from any firm with a similar experience with a view to bringing a consolidated appeal to a senior costs judge under article 30 of the CDS Funding Order 2007.

Aryeh Moss, Moss & Co, London.