What is the Litigators’ Graduated Fee Scheme (LGFS) in the UK Crown Courts?
The LGFS is a fee structure set by the Legal Aid Agency (LAA) for solicitors undertaking Crown Court cases under legal aid. Instead of billing hourly for all work, most cases are paid through fixed graduated fees that depend on case type, category of offence, number of defendants, pages of prosecution evidence (PPE), and length of the trial. The scheme is designed to standardise payments and reduce the administrative burden of hourly billing, though exceptional cases can still fall outside LGFS where costs are higher.
How are LGFS fees calculated for Crown Court cases?
LGFS fees are calculated using several factors: the case classification (e.g., burglary, drug offences, homicide), the number of PPE, the number of witnesses, trial length, and the court location. Each factor adds weight to the basic fee structure. The solicitor’s graduated fee claim form (AGFS/ LGFS bill on CCMS) uses these inputs to calculate payment. Solicitors must record PPE accurately and ensure all qualifying documents are included to maximise recovery.
What counts as PPE in LGFS billing?
PPE (Pages of Prosecution Evidence) is a central element in LGFS billing. It includes all prosecution evidence served on the defence, such as witness statements, interview transcripts, CCTV transcripts, and forensic reports. However, it excludes duplicates, unused material, and defence documents. Accurate counting of PPE is crucial because fees increase in stepped bands as page numbers rise. Incorrect PPE counts often lead to disputes or reduced payments.
Can unused material be included in PPE for LGFS billing?
Generally, unused material is not counted as PPE under the LGFS unless it is formally served by the prosecution and requires review. For example, if sensitive unused schedules are served and reasonably necessary for the defence, they may qualify. Billing software or manual checks should carefully categorise unused material to ensure compliance and avoid over-claiming.
How does LGFS treat guilty pleas compared to trials?
Guilty pleas attract lower LGFS fees compared to trials because less work is required. The scheme includes a fixed graduated fee for cases resolved by early guilty plea, with fees varying by offence category. If a guilty plea is entered late (e.g., on the day of trial), the fee may increase, but it will not reach the same level as a full contested trial. Solicitors must bill accurately based on case stage at resolution.
What happens if a case is cracked before trial under LGFS?
A “cracked trial” occurs when a case is listed for trial but resolves without a contested hearing (e.g., due to late guilty plea or withdrawal). Under LGFS, cracked trials attract higher fees than guilty pleas but lower than full trials. The solicitor must show that significant trial preparation was undertaken and ensure billing reflects the cracked trial category.
How are conferences and pre-trial preparation billed under LGFS?
Most routine preparation, including client conferences, is absorbed into the fixed LGFS fee. However, exceptional work outside the normal scope may be claimable as special preparation if it is unusually time-consuming or technical (e.g., complex fraud analysis). Solicitors should keep detailed attendance notes and justifications if they intend to claim beyond the standard graduated fee.
What is “special preparation” under LGFS?
Special preparation allows solicitors to claim additional hourly rates for unusually burdensome cases. This applies where PPE is voluminous (e.g., over 10,000 pages), where electronic evidence requires extensive review, or where technical complexity exceeds the LGFS framework. The solicitor must apply for prior authority or justify the claim in detail, supported by work logs. Without strong evidence, special preparation claims are often reduced or rejected.
Can electronic evidence be billed under LGFS PPE?
Electronic evidence (e.g., CCTV footage, digital downloads) does not automatically count as PPE because it is not always provided in page form. However, where electronic evidence is transcribed (e.g., CCTV transcripts or phone extraction reports), those pages qualify as PPE. If evidence remains in raw electronic form but requires significant review, solicitors may apply under special preparation provisions.
How are multi-defendant cases billed under LGFS?
LGFS recognises the additional work involved in multi-defendant cases. Fees are adjusted based on the number of defendants represented, and higher fees may apply in trials with multiple accused. Solicitors must clearly record their role (e.g., lead solicitor vs. representing one of several defendants) to ensure correct billing.
How does trial length affect LGFS billing?
The LGFS sets graduated fees based on trial length bands (e.g., up to 10 days, 11–40 days, 41+ days). The longer the trial, the higher the fee. Very long trials may fall outside LGFS and require an application for Very High Cost Case (VHCC) status. Solicitors should track trial length carefully, including adjourned days, and ensure this is reflected in billing claims.
What are Very High Cost Cases (VHCCs), and how do they differ from LGFS?
VHCCs are Crown Court cases that exceed certain thresholds, typically fraud, terrorism, or complex conspiracy cases with extended trials (over 40 days) or exceptionally large evidence volumes. VHCCs are not billed under LGFS; instead, they follow bespoke contracts with hourly billing. Solicitors must apply for VHCC designation early, as billing under LGFS would severely underpay for the work required.
How does LGFS billing software help providers?
LGFS billing software streamlines the process by auto-calculating fees based on PPE, case category, and trial length. It reduces human error, validates claims against LAA rules, and generates CCMS-compliant submissions. The system also provides reports to identify under-claimed cases, ensures special preparation is flagged, and maintains audit-ready billing records.
Can disbursements be claimed separately under LGFS?
Yes. While most solicitor preparation is covered by graduated fees, disbursements such as expert reports, travel, accommodation, and interpreter fees can be claimed separately. Prior authority is often required for high-value disbursements, and the solicitor must provide receipts and justification. Disbursements are billed outside the fixed LGFS fee.
How does LGFS treat appeals from the Crown Court?
Appeals to the Court of Appeal or re-trials may fall under separate billing rules. LGFS covers the initial Crown Court case, but appeals may be billed under either AGFS (advocates’ fees) or new certificates. Solicitors must open a new legal aid certificate and bill accordingly, ensuring that work is not double-claimed under LGFS and AGFS.
What are the common reasons LGFS claims are rejected or reduced by the LAA?
The LAA frequently reduces LGFS claims for: incorrect PPE counts, inclusion of ineligible documents, lack of evidence for special preparation, duplicate disbursement claims, or clerical errors on CCMS. Using specialist billing software or detailed manual checks reduces these risks. Solicitors should keep contemporaneous notes and documentary evidence to defend their claims.
How does LGFS billing differ from the Advocates’ Graduated Fee Scheme (AGFS)?
LGFS applies to litigators (solicitors) conducting preparation and case management in Crown Court cases. AGFS applies to advocates (barristers or solicitor-advocates) handling advocacy in Crown Court. While both schemes are graduated, their structures differ — AGFS focuses on advocacy hours and hearings, while LGFS emphasises preparation, PPE, and trial length.
Can firms challenge LGFS determinations by the LAA?
Yes. If the LAA reduces or rejects a claim, firms can request a redetermination or appeal. Strong supporting evidence (attendance notes, detailed PPE counts, expert invoices) is essential. In persistent disputes, firms may escalate to costs judges. Billing software that maintains audit trails strengthens appeals significantly.
How does LGFS handle cracked trials with multiple hearings?
If a case cracks after multiple listed trial dates, the solicitor may still claim cracked trial fees, but they cannot claim multiple trial fees. The LGFS provides a single cracked trial fee regardless of how many times the case was listed before resolution. Detailed records are essential to ensure the correct cracked trial classification is applied.
What best practices should solicitors follow to maximise LGFS billing compliance?
pplying for special preparation or VHCC status where appropriate. Regularly training staff on LGFS updates. Following these steps not only maximises recovery but also reduces the risk of audit clawbacks and protects firms from LAA disputes.