What is a VHCC Case Plan?

In England and Wales, The Legal Aid Agency provides legal aid to individuals who are in need of assistance with legal expenses but cannot afford them. A Very High Costs Case (VHCC) Plan is used when the costs of a matter are predicted to exceed £25,000.00

High Costs Case Plans are typically used in aspects such as serious criminal charges, complex family matters and asylum. The Legal Aid Agency has set this system in place to ensure that those who are representing Clients in these cases can recover their costs for work undertaken, as well as disbursements, such as fees payable to Counsel.

There are various types of fee schemes used, such as the Family Graduated Fee Scheme.

Facts of the case:

Samantha Butterworth from ARC Costs recently assisted with a High Cost VHCC regarding false imprisonment and CAPA. The case involved a mother of three children who made an application to the Court on behalf of her deceased husband who was killed by the Taliban after being deported back to Afghanistan following a prison sentence in the UK.

The mother stated that due to the actions taken by the Court, it caused deep emotional upset and anguish within her family. The decision made in previous proceedings resulted in the death of the father and husband, leaving his family stranded without their father/husband. The mother was left to support the family alone and suffered from depression due to the death of her husband. The mother was in receipt of government benefits but this was not enough to support herself and her children.

A hearing was held were it was ordered by the Court that the Claimant (the mother) was able to rely on the statement of a second party. The Court further ordered that the Claimants were to file and serve a Schedule of Loss as they were so advised.

VHCC Cases: Costs in the Case

The Solicitors working on the matter instructed ARC Costs to prepare a detailed case plan for submission to the Legal Aid Agency to predict the future costs of the case, given that after two hearings the work done had been so voluminous and dealing with complex matters, that £10,000+ in costs had already been incurred.  It was therefore determined that the £25,000 threshold would be exceeded relatively quickly.

The formal case plan was completed though the proceedings remain ongoing, and it is expected that costs of the full dispute to proceed to a final hearing will come close to £65,000, taking into account the future number of hearings anticipated, as well as the instruction of multiple Counsel to assist throughout.

Why choose ARC Costs?

The experienced team of Costs Lawyers and Costs Draftsmen at ARC Costs are available to support clients on various cost-related issues, including VHCC cases.

For cases funded by legal aid, we’re able to generate necessary cost documents and secure a cost assessment from the LAA. With our considerable expertise in the field of costs law, you can rely on us for trustworthy advice.

To find out more about how we can provide you with assistance, please get in touch with us at 01204 397302 or email one of the costs experts in our team at info@arccosts.co.uk. Alternatively, please use our free chat facility to speak to an expert directly regarding High Cost Case Plans.