Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Is this civil or criminal please? I assume criminal? Did you have a Solicitor represent you as well please?
Ok - your Solicitor would normally apply for costs from central funds subject to taxation.
Therefore your Solicitor should be taking this up and indeed sending the bill of costs to the central office to be assessed.
You won't necessarily get all of it back - but the central office deals with costs.
If you read this note from the Law Society it states:
"Your clients appearing in the Crown court, in respect of proceedings commenced on or after the 1 October 2012 (except in an appeal against conviction or sentence from a magistrates court), will not be entitled to recover their legal costs expended in successfully defending those proceedings if they chose to be represented privately, rather than accepting a offer of legal aid, until 27 January 2014."
"It is very important to note that the exception, or special circumstance allowing a Defendant's Costs Order to include legal costs, in s16A(5A) requires that the Director of Legal Aid Casework has made a determination of financial ineligibility in relation to the accused and those proceedings."
"You must advise your clients of all the relevant funding options that are open to them and the advantages and disadvantages of each. You must also ensure that this advice is set out in any client care letter and, in particular, that the information includes reference to the effect of the provisions set out above. You must advise your client to apply for legal aid, even if likely to be ineligible, to preserve their right to recover some of their legal costs, in the event they are acquitted or otherwise successful."
It can be some months probably up to 6-12 months.
I know Barristers who still have not been paid several years on.
But if your lawyer asked for a Defence Costs Order then it would be processed by the Taxation Office in the normal way.
But it is very slow indeed.
Have you not chased your Solicitor?
Yes of course. The legal system just takes a lot of time. I appreciate it is a lot of money but all I can usefully suggest is you keep onto your Solicitor.
If you are not getting much joy then ask for the details of the managing partner that deals with complaints.
Can I clarify anything for you about this today please?
Once you give a rating then the format changes. You can then print it off or come back to the question at any time.
I think the complaints procedure is probably the best action you can take.
Can I clarify anything for you?
Yes because all proceedings are recorded.
If in doubt a transcript can be applied for.
Your Solicitor would have to. That could take a month or two for it to get that if the hearing was some time ago.
Because once you have a tape it has to go to a transcribers
Sadly not. Unless you call several times a week and bug the hell of them.
Yes I know the process is slow and frustrating.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/