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Dispute Resolution Appointments (DRA) are a common form of hearing in private law family cases. Therefore, understanding the criteria in claiming the correct FAS fee is essential to maximise costs claims submitted to the LAA.

The following are scenarios which typically arise and require an objective and reasoned approach to determine the most appropriate FAS fee to be claimed where a case concludes at a DRA.

Scenario 1:
The matter is listed as a DRA, but a final determination is not expected to be made at the hearing. In this situation, an interim hearing FAS fee can be claimed, and only Level 3 Coverage on the Legal Aid Certificate is required.

Scenario 2:
The matter is listed for a DRA and a final determination is expected to be made in advance of the hearing. The provider in this scenario must have amended the Legal Aid Certificate to include Level 4 coverage, and thus a Final Hearing FAS fee can be claimed.

Scenario 3:
The matter is listed for a DRA and a final determination is expected to be made in advance of the hearing. The provider in this scenario has not amended the Legal Aid Certificate to include Level 4 coverage, meaning that no hearing fee can be claimed as it would be out of scope.

Of course, each and every case is fact specific, with no “one size fits all”. Should you require any further information or support with assessing and submitting your claims to the LAA, please contact us at Brough Partners where one of our helpful team will be delighted to assist.

For more information about how we could help you contact: info@broughpartners.com Tel: 0191 300 1579

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Brough Partners

Suite 34
7-15 Pink Lane
Newcastle upon Tyne
NE1 5DW

T: 0191 300 1579
E: info@broughpartners.com