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Pre-order Cover criteria
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Pre-Order cover is available under the General Criminal Contract or, from 14 July 2008, the Unified Contract (Crime) and will continue to offer solicitors an additional safeguard.
Where legal aid is refused on Interests of Justice grounds, regardless of whether the applicant passes or fails the means test, a claim can be made for a limited amount of work to an upper limit of £49.70 (national) or £52.55 (London).
What are the conditions for Pre-Order Cover?
- A qualified Solicitor who is a Designated Fee Earner or a Crime SQM supervisor has determined that the case meets the Interests of Justice Test.
- Documented reasons for the determination are on file.
- Work done appealing against the refusal can be Pre-Order Cover providing the capped amount is not exceeded.
- The claim may include any combination of preparation, advocacy, travel, waiting, routine letters and telephone calls.
Unlike the Early Cover scheme, there are no conditions to be met to submit a claim for pre-order cover.
To claim Pre-Order Cover:
- Complete a CDS11 for the case in which Pre-Order Cover is being claimed.
- Complete a claim line on the CDS6 form and enter the code for Pre-Order Cover (PROP).
- Submit CDS6 claim. (See LSC Online for further details on submitting monthly claims).
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Last updated: 17 July 2008
