What is a High Costs Case Plan?

In England and Wales, a high cost case plan is used for very high costs cases for both family and civil cases which are expected to exceed £25,000 in costs. They are used under the Care Case Fee Scheme (CCFS) or as Detailed (Fully Costed) Family Case Plans. These plans are governed by rules set out in the Civil Procedure Rules (CPR) and are intended to manage cases with substantial costs that might impact both litigants and the court system.

As detailed on the GOV website, there are two teams that oversee the high costs family cases:

• High Cost Family (HCF) team – deals with all single and KC/2 counsel/advocate cases in private law and public law family matters (South Tyneside based)
• Exceptional and Complex Case Team (ECCT) family section – deals with all prior authority requests for KC/2 counsel cases in private and public law family matters and all Court of Protection cases. ECCT provides all technical oversight and support to HCF (London based)

With a high cost case plan, the Legal Aid Agency work alongside solicitors to agree upon the budget for the set case to understand and lay out the maximum amount of funding that will be available to utilise. With this budget, the solicitor then understands their capacity in terms of costs and works to maximise the set budget to the best of their ability. During the case, legal professionals must liaise and update the Legal Aid Agency on the progress of proceedings and the ongoing costs arising. 

The role of HCCPs is to control costs and ensure that the legal fees remain reasonable and proportionate to the complexity and value of the case under the legal aid system, all the while ensuring people have access to legal aid when they need it. 

In care/supervision cases using the CCFS framework, significant expenses are determined according to specific Events, each carrying a set fee linked to the case’s complexity. These fees depend on the total final hearing days, including Finding of Fact dates, and if the Solicitor manages any advocacy tasks.

On the other hand, high cost family cases usually follow the conventional hourly rates method, where expenses up to the present are limited to £25,000. Subsequent projections estimate costs for forthcoming work.

Why Choose ARC Costs?

The experienced team of Costs Lawyers and Costs Draftsmen at ARC Costs is available to support clients on various cost-related issues, including Very High Costs Case and High Costs Case Plans.

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.

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