Legal Services Agency Northern Ireland

Form EP
Application for Exceptional Preparation

LEGAL SERVICES AGENCY NORTHERN IRELAND

LEGAL AID FOR CROWN COURT PROCEEDINGS (COSTS)(AMENDMENT No.2) RULES (NORTHERN IRELAND) 2016

THIS FORM SHOULD BE USED BY SOLICITORSAND COUNSELWHEN APPLYING FOR EXCEPTIONAL PREPARATION WORK.

THE APPLICATION MUST BE COMPLETED IN FULL OR THE APPLICATION MAY BE WITHDRAWN AND RETURNED.

FAILURE TO PROVIDE FULL INFORMATION COULD ALSO RESULT IN A DEFERRAL OR REFUSAL OF THIS APPLICATION.

Complete in fullApplication made on behalf of: (Please tick)

Defendant(s) / Solicitor/
Firm Name
Email address:
ICOS reference
(Please indicate if known) / Senior Counsel Name:
Email address:
Certificate number(s) / Junior Counsel / Name:
Solicitor R of A
Email address:

For solicitors only:

For a senior solicitor undertaking any area of Exceptional Preparation work in this matter, please confirm the number of years of post-qualification experience in criminal defence work. Please refer to Rule 11(E) and the Table of Prescribed Hourly Rates for Exceptional Preparation Work.

Solicitor Name ______years

V2 – April 16

Has senior counsel been certified? Yes / No

Is senior counsel being applied for? Yes / No (If yes, please specifydates) ______

D – Details of the case

Class of Offence(A - I) PPE (Specify number of pages

confirmed at this time)

1)Please provide full details of the case (Please ensure the Bill of Indictment is attached)

2)Provide details of any co-defendants also represented.

3)Provide the names of Counsel representing any co-defendants.

4)Does this application include all co-defendants represented by the legal team in this form?

(See guidance notes)

5)Please provide full details of expert witnesses to be instructed in this case. Please also advise, if known,

anyexpert witnesses engaged in the defence of a co-defendant.

6) – Please note whether you are seeking additional preparation time as you consider the case is sufficiently complex to warrant consideration of a certificate of exceptionality. (See paragraph 35 of guidance).

Yes

Please note that in all applications, Parts 1 to 3 must be completed.

Part 1 - Outline the point of law or factual issue which is very unusual or novel. Refer to paragraph

11A (1)(a).

This section must be fully completed in respect of each representative included in this application and clearly describe

how each representative meets this criteria.

Part 2 - Outline why the additional preparation work is reasonably required in order to prepare

theassisted person’s defence. Refer to paragraph 11A (1)(b)

This section must be fully completed in respect of each representative included in this application and clearly describe

how each representative meets this criteria.

Part 3 - Outline whatwork is substantially in excess of the amount normally required for cases of

the same type. Refer to paragraph 11A (1)(c)

This section must be fully completed in respect of each representative included in this application and clearly describe

how each representative meets this criteria.

Part 4 - Preparation time requiredPlease refer toparagraph 11A (4) to (6). Please use this section to clearly detail the number of additional hours sought for each piece of work to be undertaken and indicate the representative / fee

earner who will undertake each piece of work. Ensure to specify all reading time and research necessary. Please

continue on aseparate sheet if necessary.

NB. Please refer to LSANI guidance note as to whether a costed case plan will be required.

Key

Senior Solicitor= ASolicitor = BApprentice or equivalent fee earner = C

Queens Counsel = QC Leading Junior = LD Led Junior = LJ Sole Junior = SJ

Solicitor Right of Audience = SRA

Description of work to be undertaken / Rep. Name/
Fee earner / Key
Code / Hourly
Rate / Estimate of additional hours sought for each item of work
Description of work to be undertaken / Rep. Name/
Fee earner / Key Code / Hourly
Rate / Estimate of additional hours sought for each item of work

Please continue on a separate sheet if necessary

Part 5 - Summaryof estimatedfee earners associated costs – Complete as appropriate.

Solicitor

Grade of fee earner / Total hours claimed / Costs (£)
Senior Solicitor / /
Solicitor / /
Apprentice or fee earner of equivalent experience / /

Counsel

Grade of fee earner / Total hours claimed / Costs (£)
Queen’s Counsel / /
Leading Junior Counsel / Solicitor Right of Audience / /
Led Junior Counsel / Solicitor Right of Audience / /
Sole Junior / Solicitor Right of Audience / /

Total costs estimate

Please provide an estimate of the fees in this case payable under Schedule 1 of these Rules. Your

estimate should include the Basic Trial fee in accordance with the class of offence and the PPE

range, if applicable. (The estimate should not include the fees claimed for Exceptional Preparation)

Solicitor

Provide the appropriate Basic Trial fee in accordance with the known PPE range

Estimated refresher days (Not including the first day of trial)

Total of disbursements incurred to date

Queens Counsel

Provide the appropriate Basic Trial fee in accordance with the known PPE range

Estimated refresher days (Not including the first day of trial)

Junior Counsel

Provide the appropriate Basic Trial fee in accordance with the known PPE range

Estimated refresher days (Not including the first day of trial)

OVERALL TOTAL(This figure should include the estimated fees for ALL representatives)

Please provide your written reasons why standard fees will not provide fair and reasonable remuneration.

Part 6 - Complete this section only, if submitting the application for exceptional preparation time

after the commencement of the trial. Please state clearly why LSANI should exercise its statutory discretion to

consider this application.

Before submitting this application form, please ensure that all sections have been fully completed.

Failure to provide sufficient information could result in deferral or refusal of this application.

Exceptional Preparation will only be granted in cases where the information available to the LSANI illustrates that the case falls within the provisions of Rule 11(A) (1) & (4).

To be completed by all representatives making the application.

I certify that this application is being made on my behalf and that the estimated hours/work described and

attributed to me, is a full and accurate description of the additional preparation work that will required

(1st Defendant)

Solicitor name (BLOCK CAPITALS)______Signature ______

Senior Counsel name (BLOCK CAPITALS) ______Signature ______

Junior Counsel name (BLOCK CAPITALS) ______Signature ______

NB. If this application refers to more than one legal team in a multi-defendant application –

Please complete as appropriate.

(2ndDefendant)

Senior Counsel name (BLOCK CAPITALS) ______Signature ______

Junior Counsel name (BLOCK CAPITALS) ______Signature ______

(3rdDefendant)

Senior Counsel name (BLOCK CAPITALS) ______Signature ______

Junior Counsel name (BLOCK CAPITALS) ______Signature ______

(4thDefendant)

Senior Counsel name (BLOCK CAPITALS) ______Signature ______

Junior Counsel name (BLOCK CAPITALS) ______Signature ______