The Criminal Defence Service (Funding) Order 2007

Allowance of standard fees

This section has no associated Explanatory Memorandum

8.—(1) The appropriate officer must allow the standard fee for preparation which has been claimed by a litigator (together with the appropriate standard fees for the other classes of work specified in paragraph 10(2)) unless, where the principal standard fee for preparation has been claimed, the appropriate officer considers such a fee to be excessive, in which case the lower standard fee must be allowed.

(2) The appropriate officer must notify the litigator of his decision under sub-paragraph (1).

(3) A litigator who has been allowed the lower standard fee instead of the principal standard fee claimed may—

(a)accept that lower fee;

(b)request the appropriate officer in writing to review his decision; or

(c)provide the appropriate officer with a detailed claim in the form directed by him requesting that the fees for preparation be determined under paragraph 2.

(4) Where the appropriate officer is requested to review his decision under sub-paragraph (3)(b), the appropriate officer must either—

(a)allow the principal standard fee; or

(b)request the litigator to provide a detailed claim in the form directed by him.

(5) Where a litigator fails to make a request under sub-paragraph (3)(b) or to supply a detailed claim for the purposes of sub-paragraph (3)(c) or (4)(b) within six weeks of the decision to allow the lower fee or the request to supply a detailed claim, whichever is the later, the decision to allow the lower standard fee shall be deemed to be confirmed.