Unless the legal aid/LSC only sections of the bill are comparatively small or otherwise easy to deal with, the detailed assessment will be conducted in two stages.
(i) In the first stage the court will consider only the between the parties sections of the bill, the points of dispute thereon and any replies made.
(ii) In the second stage the court will consider the legal aid/LSC only sections of the bill and the Legal Aid/LSC Schedule.
The Legal Aid/LSC Schedule is of no concern to the party against whom costs have been awarded between the parties and indeed that person should not normally attend the second stage of the detailed assessment.
The legally aided party’s legal representative will have prepared the Legal Aid/LSC Schedule in advance of the detailed assessment. It may therefore be necessary to begin the second stage of the detailed assessment by altering the Schedule so as to update it, taking account of the decisions made during the first stage of the detailed assessment (subject to the need to notify a legally aided party who has a financial interest in the assessment).
In respect of any item appearing in the Legal Aid/LSC only sections of the bill, the court will consider what sum, if any, it is reasonable to allow in respect of that item.
In respect of any item deleted or reduced in the Legal Aid/LSC Schedule so as to take into account decisions made during the first stage of the detailed assessment, the court may be requested to consider whether any part of that item can be restored via an appropriate alteration to the Legal Aid/LSC only sections of the bill.