HOW MUCH TO CLAIMIn April 1999, the practice direction about costs supplementing parts 43-48 of the Civil Procedure Rules was made applicable to family cases.

Costs' draftsmen started to claim the costs of bill preparation in care and family bills at more than the 51/51.75 maximum prescribed by scale items 17/18 in the schedules to the Legal Aid in Family Proceedings (Remuneration) Regulations 1991.

After some early generosity, many district judges have hardened their hearts and disallowed these claims.On 20 December, in a case with the seasonally apt title A Local Authority v A Mother & Child, three wise judges of the Court of Appeal considered 'what, on a legal aid assessment in family proceedings, a solicitor may claim for preparing the bill of costs'.Their apparent conclusion is that you can claim whatever is reasonable, provided it is not more than 51.75.

However, the court seems not to have considered reg 3(4)(c)(iii), which permits the costs officer to 'allow a larger amount than' 51.75 'where it appears to him reasonable to do so having regard to...

any other exceptional circumstances of the case'.This means that if you have a case with 'exceptional circumstances' justifying a mark-up of more than 50% - in a family case - or any enhance-ment at all (in a care case), the 51.75 cap is removed and the costs officer can allow the reasonable costs of preparing the bill as envisaged by para 2.16 of the costs practice direction.

You will be stuck with the 51.75 limit only in a case with no exceptional circumstances.So, it's not all myrrh and there's even a little gold in that the court says you can now include a provisional claim under item 18 - 'preparing for and attending the taxation' - for looking through the bill as provisionally assessed to decide whether to accept it or not.

Let's see whether Herod spots the apparent conflict with para 4.13 of the CPD, which prohibits the inclusion in bills of 'claims in respect of costs...

which relate solely to the detailed assessment proceedings...'Peter Burdge, Maritza Legal Services Ltd, Clevedon, north Somerset