Incorrect expert invoices are a perennial cause of delay and rejections when preparing and submitting bills to the Legal Aid Agency. The LAA is incredibly strict, and a minor error on a single invoice will cause them to reject the whole bill, also creating delay and affecting your KPIs.
Key things to look out for when you first receive an expert invoice, and that will reduce rejections, are as follows:
Correct Rates
This one may seem obvious, and the expert should know the rate they’re entitled to charge from the Letter of Instruction, but it is something that is occasionally missed. The list of fixed hourly rates for experts is contained in Schedule 5 of the Civil Legal Aid (Remuneration) Regulations 2013. It is also important to make sure that travel and mileage are claimed correctly.
Split
When the costs of the expert are to be split between multiple parties, ensure that this is made clear on the invoice. Specifically, the portion that the invoice is for should be stated, i.e. 20% or 1/5. It is also useful for the other parties to be listed, particularly where the division is not equal.
Travel
Ensure that the correct rates are being applied for mileage and travel time. Schedule 5 states that the maximum is £0.45 per mile and £40/hour for travel time. If travel is being claimed, it should be clear where to and from. Postcodes should suffice.
Correct Case
This is a basic point but is something that is often missed. Make sure the invoice has some form of reference to the matter you’re billing. A case reference or just the surname of the client will do, just something so that the LAA case handler knows that the invoice isn’t being claimed under multiple cases.
Authority
In particularly long running or complex cases, where there might be a large number of invoices that need to be claimed, it can often be difficult for the LAA assessor to disentangle which charge relates to which order. It can be advantageous to bundle together the correct invoice and order when uploading to the LAA, or indeed when sending your file to a costs draftsman.
Following these tips will put you in the best position when your bill is assessed by the LAA, avoiding unnecessary delay or rejections.
If you have any questions, do not hesitate to contact us.
