It is our understanding that as the judiciaries of England and Wales move ahead with the electronic form bill of costs, it is no longer required that attorneys use the J-Code task and activity codes when recording their time or in the new model form bill-of-costs itself (the nBOC). HOWEVER attorneys are required to use the hierarchy established in the J-Codes (in other words, use the J-Code task and activity code headings) in the nBOC, or use an alternate time categorization system for litigation in England and Wales in the nBOC that is permissible by the court, in the same way as the J-Codes are and that it is at least as good as the J-Codes. The J-Codes are inherently permissible, being drafted by the judiciaries own Hutton Committee in collaboration with the LOC and authorized by three leading judges.
While firms can establish their own code numbering schema using the J-Code hierarchy, THEY MUST ALSO provide a worksheet in the electronic form bill of costs that translates the codes used into the headings.
The LEDES Oversight Committee recommends that firms simply use the J-Codes as elaborated here, as most firms will be familiar with the phases and tasks and also using UTBMS codes when recording their time.
More on the timescale for mandatory use of the nBOC: Our last information is that the usage of the nBOC was to become mandatory at the beginning of October 2017 and it will need to be used for all work done after that date. However, it is also understood that the Ministry of Justice (MoJ) have advised it to become mandatory beginning 06 April 2018 (to allow for the mandatory use of the nBOC in county courts as well as high court). Given this, we advise firms to check for themselves on the go-live ‘mandatory use of the nBOC’ date.
Irrespective of the actual go-live date of the nBOC, it is going to happen soon. It would be prudent for law firms to consider implementing the J-Codes or an alternative but equal system as soon as possible, so that time is recorded using appropriate task and activity codes, which will in turn enable the easier production of the nBOC at the close of the case when it will be required (assuming of course, the case is won). This will then wield the advantages of the nBOC in terms of time and cost savings in its production.
Law firms are encouraged to find out more about the new model form bill of costs for themselves. Please visit the judiciaries website for official information before making any decisions.
