The Treasury Solicitor's Department
One Kemble Street
London
WC2B 4TS

DX: 123242 KINGSWAY 6

For information on where to send fee notes please see below.

We do not use the terminology 'brief fee' or 'refresher': we pay an hourly rate for work done.

We have found that "rolling" fee notes are a great hindrance to us in achieving this objective. By "rolling" fee notes we mean ones that contains details of the fees of the case since its inception. Such fee notes lead to duplicate payments and delays.

We require fee notes that relate to discrete pieces of work undertaken in discrete periods of time (a month is easiest). Please therefore send us one fee note representing each calendar month (Mr X's charges for work done in, say, April are - £x -case breakdown as follows') or one fee note on the same day each month (Mr X's charges for the period a to b are - £x - case breakdown as follows').

Please note that the relevant hourly rate and the number of hours worked should be set out in the fee note. In cases where travelling is involved, if Counsel is not working on papers while travelling then we pay travelling time at one half of the appropriate hourly rate.

Our understanding is that the software most Chambers use is capable of producing fee notes in the required form. If you have any problems doing this then please contact Matt Wood in our Finance Division on 020 7210 3560.

We regret to say that fee notes which are not in this format will be returned to be resubmitted as discrete fee notes.

If for some reason it is necessary for you to resubmit a monthly fee note then please would you mark it as clearly as possible as a DUPLICATE. Failure to do this will inevitably lead to duplicate payments and the resulting administrative problems in putting the position to rights.

Submitting Fee Notes
We have outsourced our in-bound invoice and fee note registration process. All fee notes (and invoices) must be submitted to our supplier at the following address:

TSol – Case-Related invoices
PO Box 1936
Andover
SP10 9DQ

You can submit fee notes electronically, but only in PDF format, to: TSolCaseRelated@Stortext.com

Software to convert documents to PDF format is freely available for download from the internet but if your clerk would like some assistance, please contact Sally Dixon (contact details below).

It is very important that only fee notes and invoices are sent to the above addresses. All other correspondence must be sent to TSol at One Kemble Street. It is also important that your fee notes do not contain additional information that could compromise our cases and reputation if the fee note were to go astray.

Payment by BACS
It is more efficient and will save public money if we can make payment of fees direct to Counsel by BACS. It also means that payments arrive more quickly in the relevant bank account. We will continue to send confirmation of payment to the Clerk. If you are interested in this, please contact Sally Dixon in our Finance Division on 020 7210 3071.

Effect of Move from B to C Panel and B to A Panel
When Counsel move from the C Panel to the B Panel or move from the B Panel to the A Panel then they are paid at the increased hourly rate for work done after the promotion takes effect. It is therefore possible for Counsel to be paid at the B Panel rate for work on the same case that they have previously been paid at the C panel rate. Unlike A panellists who take silk, they do not continue doing the work at the old rate.

Permission Hearings in Immigration Judicial Review Proceedings
TSol pays £350 plus VAT for these hearings. The decision to pay a fixed fee rather than pay strictly according to the hourly rate reflects the "swings and roundabouts" nature of oral hearings in permission applications. The fee takes into account the average preparation time for a case in which there is usually an AOS (setting out the defendant's arguments) and the fact that counsel for the defendant Secretary of State is not always called upon to speak.

We will pay for cases which are withdrawn within 24 hours of the hearing as we think it is reasonable to expect Counsel to have read into the case within that period and incur some charges.

On cases that are adjourned on the day, we will pay the standard fee for that first adjourned hearing and then pay half the full standard fee for any relisted hearing.

Clearly if the case is out of the ordinary, for example, the Judge asks for a skeleton then we will reconsider and be prepared to pay more.

When counsel are required to travel away from their normal area of work, travel claims are payable from home to the temporary place of work. The expansion of the Regional Panel ought to mean that we are not asking you to travel long distances so cases where you will need to be reimbursed for the rail fare should be few.

You are probably aware of the restrictions that the Government has imposed on Ministers and Civil servants travelling first class. If we do ask you to travel then we really do not want you traveling first class, in particular using an open return.

First Class Travel will only be available in special circumstances. These might, for example, relate to reasons of security. Prior approval from the case holder must always be obtained before travelling first class.

When booking any sort of ticket, you should try to avoid open 'Anytime' or 'fully flexible' tickets.

Some departments may have particular rules and requirements and they will write separately about these.

You will need to clear in advance with instructing solicitor if you think you will need to stay overnight and want reimbursement.

TSol has reorganised the way that we move papers between London Chambers and TSol’s Office at One Kemble Street. We have a new service in place using the Government Car and Despatch Agency. Chambers can return papers to us using this service but you must first contact the case holder in TSol to ask him or her to book it for you. Alternatively you may return papers using DX.

 

You should be aware that we may store Counsel’s opinions and other material on our electronic systems to help in knowledge management. We do appreciate the Bar’s concerns over the following matters: breach of confidence, breach of implied undertakings, copyright, liability for negligence and insurance. We can reassure you that we are aware that the advice is only given in respect of the particular matter to which it relates. A number of concerns also fall away because the client is in the majority of cases part of that same indivisible body known as “the Crown”. If you have any concerns about any particular document then do please let us know.

 

It is possible to apply to extend the 5 year period of panel membership because of maternity leave or other periods of time when the panel member is unable to undertake advocacy.

We monitor Counsel according to a 3 box system.

1. Significantly above requirements,

2. Fully Met Requirements,

3. Below requirements.

Most Counsel get marked as 2. If a lawyer gives 1 or 3 he should to speak to Counsel or clerk. It is true to say that most box 3 marks (Below Requirements) tend to be given for tardy dealing with papers. If Counsel is going to have problems doing something in time best to tell case holder as soon as possible.

This is particularly relevant to immigration work .The Government is the Court of Appeal's largest "customer" and consequently we are being asked to help the Civil Appeals Office ensure the best use of the Court of Appeal's time. As part of this, efforts are being made to reduce the number of late settlements, particularly in the immigration cases that form such a large part of the Court's work.

When not appropriate
It would not be right or proper for Government lawyers to promote counsel in any kind of commercial sense. We will not provide references in cases where counsel wish to be promoted in a commercial forum (i.e. Legal 500).

TSol and other Government Litigating Departments are aware of the Legal Services Board requirements and the Bar Standards Board Guidance regarding the obligation on barristers to notify clients of their right to complain.