KA-2024-000244 - [2025] EWHC 2070 (KB)

Paragraph 8.10 of the Criminal Specification states that:

“where an agreement or order provides for costs to be paid by any other party...then you may retain the element of any costs recovered under that agreement or order which exceeds the amount paid or payable to you by us...under the terms of this Contract”.

This provision grants authorisation for the provider to retain sums exceeding LAA payments but it does not, of itself, appear to disapply the indemnity principle.

Paragraph 8.50 generally prohibits charging the client privately for services or disbursements provided under the contract.

Paragraph 8.52 (or 8.43 in some versions) provides a limited exception to this prohibition, allowing private payment for specific types of work (e.g., expert witnesses, transcripts) where prior LAA authority was refused, and the client expressly authorised the payment. However, this provision does not extend to High Court committals.