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%h2.govuk-heading-m
1. Introduction
%p
These Terms of Use (“Terms”) apply to you when you use the ‘Claim
for Crown Court Defence’ (“CCCD”) Application, available at
= govuk_link_to 'https://claim-crown-court-defence.service.gov.uk/', 'https://claim-crown-court-defence.service.gov.uk/'
\.
%p
The Application is a single point of log in for submitting claims
for payments under the Advocates’ Graduated Fee Scheme (“AGFS”) and
the Litigators’ Graduated Fee Scheme (“LGFS”).
%p
These terms will also apply to the Litigators’ Graduated Fee Scheme
LGFS, when the Legal Aid Agency (the LAA) notifies you of this.
%p
The LAA is an executive agency of the Ministry of Justice, through which
the Lord Chancellor acts to administer legal aid.
%p
The LAA is an executive agency of the Ministry of Justice, through which
the Lord Chancellor acts to administer legal aid. Our head office is at 102
Petty France, London, SW1H 9AJ.In using the Application you agree to be
bound by these Terms. Please read these Terms carefully and do not use the
Application if you do not agree with them.
%h2.govuk-heading-m
2. Definitions
%p
In these terms:
%h3.govuk-heading-s Advocate
%p
means either a person who is an “authorised person” or an “exempt person”,
for the purposes of exercising a “right of audience”, as defined by the
provisions of the Legal Services Act 2007 who is instructed by an Authorising
Organisation;
%h3.govuk-heading-s Application
%p
means the CCCD application, available at
= govuk_link_to 'https://claim-crown-court-defence.service.gov.uk/', 'https://claim-crown-court-defence.service.gov.uk/'
\.
%h3.govuk-heading-s
Authorised representative
%p
means:
%ul.govuk-list.govuk-list--bullet
%li
any employee of an Authorising Organisation; or
%li
any person, firm or company authorised by an Authorising Organisation to
supply services to them in accordance with the Standard Terms and with
authority from the Authorising Organisation to accept the Terms on their
behalf; and, in each case, who is also an Authorised Signatory; or
%li
an Advocate; or
%li
a Litigator.
%h3.govuk-heading-s Authorised Signatory
%p
means an Authorised Representative of an Authorising Organisation who meets
our signatory requirements as set out in the AGFS and, as applicable, LGFS bill
submission screens;
%h3.govuk-heading-s
Authorising Organisation
%p
means an organisation or person making claims under the Standard Terms, or any
other organisation or person who has written authority from us to use the
Application in accordance with the Terms;
%h3.govuk-heading-s Claim
%p
means an AGFS or LGFS claim for payment, correctly made in accordance with the
Criminal Legal Aid (Remuneration) Regulations 2013 (as amended);
%h3.govuk-heading-s
Controller
%p
means, where Personal Data is being processed for Law Enforcement Purposes,
as it is defined in the Law Enforcement Directive (Directive (EU) 2016/680) (LED);
and in all other circumstances, as defined in the Data Protection Act 2018 and the
General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR);
%h3.govuk-heading-s
Data Loss Event
%p
means any event that results, or may result, in unauthorised access to Personal
Data held by you, and/or actual or potential loss and/or destruction of Personal
Data in breach of these Terms, including any Personal Data Breach;
%h3.govuk-heading-s
Data Protection Legislation
%p
means:
%ul.govuk-list.govuk-list--bullet
%li
the Data Protection Act 2018
%li
the General Data Protection Regulation ((EU)2016/679)
%li
the Regulation of Investigatory Powers Act 2000
%li
the Telecommunications (Lawful Business Practice) (Interception of
Communications) Regulations 2000 (SI 2000/2699)
%li
the Electronic Communications Data Protection Directive 2002/58/EC
%li
the Privacy and Electronic Communications (EC Directive) Regulations
2011, and
%li
all applicable laws and regulations relating to processing of personal
data and privacy, including where applicable the guidance and codes of
practice issued by the Information Commissioner and any generally accepted
code of good practice.
%h3.govuk-heading-s
Data Security Requirements
%p
means our data security requirements (which can be located on our website)
as may be amended by us from time to time;
%h3.govuk-heading-s
GDPR
%p
means the General Data Protection Regulation (Regulation (EU) 2016/679);
%h3.govuk-heading-s
LAA Data
%p
means:
%ul.govuk-list.govuk-list--bullet
%li
the data on the Application (including drawings, diagrams, images or
sounds, together with any database made up of any of these which is
embodied in any electronic, magnetic optical or tangible media) which:
%ul.govuk-list.govuk-list--bullet
%li
is supplied to you by us or on our behalf;
%li
you are required to Process as part of your contract with us
%li
any Personal Data for which we are the Controller (but not including
the Shared Data)
%h3.govuk-heading-s
Law Enforcement Purposes
%p
means as it is defined in the Data Protection Act 2018;
%h3.govuk-heading-s
LED
%p
means the Law Enforcement Directive (Directive (EU) 2016/680);
%h3.govuk-heading-s
Legal Aid Legislation
%p
means the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and
statutory instruments made under that act that are relevant to the AGFS or LGFS;
%h3.govuk-heading-s
Litigator
%p
means a solicitor, firm of solicitors or other appropriately qualified
person referred to in a representation order as representing an assisted
person;
%h3.govuk-heading-s
Personal Data
%p
has the same meaning as the definition in the Data Protection Act 2018 and
the GDPR;
%h3.govuk-heading-s
Personal Data Breach
%p
means as it is defined in the Data Protection Act 2018 and the GDPR;
%h3.govuk-heading-s Process
%p
has the same meaning as the definition in the Data Protection Legislation but,
for the purposes of these Terms, it shall include both manual and automatic
processing;
%h3.govuk-heading-s Processor
%p
means, where Personal Data is being Processed for Law Enforcement Purposes, as
it is defined in the LED; and in all other circumstances, as it is defined in
the Data Protection Act 2018 and the GDPR;
%h3.govuk-heading-s Protective Measures
%p
means the appropriate technical and organisational measures which may include:
pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity,
availability and resilience of systems and services, ensuring that availability of
and access to Personal Data can be restored in a timely manner after an incident,
and regularly assessing and evaluating the effectiveness of the such measures
adopted by it;
%h3.govuk-heading-s
Shared Data
%p
means data (including Personal Data) on the Application for which you are the
Controller, either alone or jointly with us;
%h3.govuk-heading-s
Standard Terms
%p
means, as applicable:
%ul.govuk-list.govuk-list--bullet
%li
the 2010 Standard Civil Contract, the 2010 Standard Crime Contract,
the 2013 CLA Contract, any 2013 Standard Civil Contract, 2017 Standard
Crime Contract, 2018 Standard Civil Contract or any replacement
contract available at:
= govuk_link_to 'www.gov.uk/topic/legal-aid-for-providers/contracts', 'https://www.gov.uk/topic/legal-aid-for-providers/contracts', rel: 'external'
or any other contract, entered into between us and an Authorising
Organisation for the provision of legal aid services, as each such
contract is amended and updated from time to time;
and
%li
the Criminal Legal Aid (Remuneration) Regulations 2013 (as amended)
being regulations incorporating both the AGFS and the LGFS and available at:
= govuk_link_to 'www.legislation.gov.uk/uksi/2013/435/contents/made', 'http://www.legislation.gov.uk/uksi/2013/435/contents/made', rel: 'external'
%p
and for the avoidance of doubt Advocates and Litigators shall be bound
by the most recent version of the relevant Standard Terms where and to
the extent that an obligation within these Terms of Use makes reference
to the Standard Terms;
%p
Reference to any ‘Legal Aid Legislation’ and ‘other legislation’
(including any subordinate legislation made under it) is, as the
context requires, a reference to any substitute for, amendment,
variation or re-enactment of this legislation and any subordinate
legislation made under it (whether on or after the date of these Terms)
and is a reference to any legislation which supersedes it and/or any
subordinate legislation made under it and includes any new legal aid
legislation in force on or after the date of these Terms.
%h3.govuk-heading-s
We, us, our
%p
means the Lord Chancellor acting through the LAA.
%h3.govuk-heading-s
You, your
%p
refers to (unless expressly indicated otherwise) you as an Authorised
Representative, whom an Authorising Organisation has authorised to
use the Application, an Advocate or a Litigator.
%h2.govuk-heading-m
3. Authorising Organisation and Instructed Counsel
%p
To use the application, you must be:
%ul.govuk-list.govuk-list--bullet
%li
an Authorised Representative
%li
an Authorised Signatory
%li
an Advocate, or
%li
a Litigator
%p
The Authorising Organisation will make sure that any Authorised
Representative who it allows to access the Application complies with
these terms and the applicable provisions in the Standard Terms.
%p
If you are an Authorised Representative, Advocate or Litigator, you
shall comply with these Terms when using the application.
%h2.govuk-heading-m
4. Licence to use the Application
%h3.govuk-heading-s
Authorised representatives
%p
Subject to section 13 below, we grant you a non-exclusive, non-transferable
and revocable licence to use the Application in accordance with the purposes
set out in the Standard Terms.
%h3.govuk-heading-s Advocates
%p
Subject to section 13 below, we grant you a non-exclusive, non-transferable
and revocable licence to use the Application to help us fulfil our statutory
obligations under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 relating to the legal aid scheme.
%h3.govuk-heading-s
Litigators
%p
Subject to section 13 below, we grant you a non-exclusive, non-transferable and
revocable licence to use the Application in accordance with the purposes set out
in the Standard Terms.
%h2.govuk-heading-m
5. Information on the Application
%p
You acknowledge that any information and other materials posted on the Application
are not intended to amount to advice on which reliance should be placed.
%h2.govuk-heading-m
6. Availability of the Application
%p
We will use reasonable endeavours to make sure that the Application is
available but we will not be liable to you if for any reason it is
unavailable at any time or for any period.
%p
We reserve the right to withdraw or amend the Application or the services we
provide through it without notice.
%p
From time to time, we may:
%ul.govuk-list.govuk-list--bullet
%li
restrict access to some or all of the Application
%li
make changes to the Application and any material on it
%h2.govuk-heading-m
7. Information Submitted Through the Application
%p
As an authorising organisation, you will make sure that:
%ul.govuk-list.govuk-list--bullet
%li
your Authorised Representatives, Advocates and Litigators submit claims,
information and requests through the Application in accordance with the
Standard Terms;
%li
your Authorised Representatives, Advocates and Litigators do not make the
same submission in paper form and electronically through the Application
unless authorised to do so by us; and
%li
your Authorised Representatives, Advocates and Litigators submit only true,
accurate and reasonable claims, and you acknowledge that any breach of this
requirement is a material breach of these Terms and Standard Terms by you
%p
As an Advocate or Litigator, you shall:
%ul.govuk-list.govuk-list--bullet
%li
submit Claims, information and requests through the Application in accordance
with these Terms
%li
not make the same submission in paper form and electronically through the
Application unless authorised to do so by us; and
%li
submit only true, accurate and reasonable claims
%p
As an Advocate, you acknowledge that any breach of this section is a material
breach of these Terms by you.
%p
We will use the information you provide through the Application to administer
your Claims and submissions in accordance with the Legal Aid Legislation, and
the Standard Terms where appropriate.
%h2.govuk-heading-m
8. Data Protection
%p
You shall comply with:
%ul.govuk-list.govuk-list--bullet
%li
any notification requirements under the Data Protection Legislation
%li
all obligations imposed on you by the Data Protection Legislation while
Processing data on the Application, and
%li
Clause 16 (data protection) of the Standard Terms
%p
Any inconsistency between this section 8 and clause 16 (Data protection)
of the standard terms shall be resolved in favour of clause 16 (Data
protection) of the standard terms.
%p
Without prejudice to the general obligations above, in relation to the
data on the Application, you shall:
%ul.govuk-list.govuk-list--bullet
%li
comply with the Processor’s obligations when processing any LAA Data or
Shared Data that we are responsible for as Controller;
%li
comply with the obligations of the Controller, to the extent that you
are Controller either alone or jointly with us of any Shared Data;
%li
not process the LAA Data or Shared Data except as necessary for you to
fulfil your obligations under the Standard Terms or as otherwise expressly
authorised by us in writing;
%li
if you are an Advocate, ensure that you do not process the LAA Data or
Shared Data except as necessary for you to perform your instructions;
%li
ensure that Protective Measures (including but not limited to compliance
with the Data Security Requirements and with any such measures specified
in the Standard Terms) are in place to protect against a Data Loss Event,
having taken into account of the nature of the data to be protected, the
harm that might result from a Data Loss Event, the state of technological
development and the cost of implementing any such measures;
%li
provide us with such information, co-operation and assistance as we may
reasonably require, including, without limitation, in order either to be
satisfied that you are complying with your obligations contained in, or
in order to comply with any obligations imposed on us by
virtue of, the Data Protection Legislation;
%li
promptly notify us of any Data Loss Event or of any breach of the Protective
Measures required to be put in place pursuant to this section 8
%li
not knowingly or negligently do or omit to do anything which places us in
breach of our obligations under the Data Protection Legislation
%p
In the event of a Data Loss Event or if the LAA Data or Shared Data is lost,
corrupted or degraded by you, whether knowingly or otherwise, so that it is
unusable, we may at our sole discretion:
%ul.govuk-list.govuk-list--bullet
%li
require you (at your reasonable expense) to restore or procure the
restoration of LAA Data or Shared Data in accordance with our requirements;
and/or
%li
restore or procure the restoration of LAA Data or Shared Data ourselves
and require you to reimburse any reasonable expenses incurred in accordance
with our requirements
%p
The Authorising Organisation shall defend, indemnify and hold us
harmless against claims, actions, proceedings, losses, damages,
expenses, fines, administrative penalties and costs (including without
limitation court costs and reasonable legal fees) arising from a breach
of any obligations set out in this section 8 or any of your obligations
under the Data Protection Legislation.
%p
The provisions of this section 8 shall apply for as long as you continue
to have a valid licence to use the Application under section 4, and shall
continue to apply for a period of six years following termination (howsoever
caused) of your licence.
%h2.govuk-heading-m
9. Users and Passwords
%h3.govuk-heading-s
Advocate user
%p
The Advocate user can create, edit, submit, view, manage and delete bills.
However, the Advocate user can only create, edit, submit, view, manage
and delete their own bills.
%h3.govuk-heading-s
Advocate administrator user
%p
The Advocate administrator user can create, edit, submit, view, manage
and delete bills of any Advocates for whom they have been allocated
responsibility. They can also set up other users as Advocate administrator
users and Advocate users.
%p
Where we provide you (as the Authorising Organisation) with Advocate
administrator user or Advocate user rights, you shall ensure that the
Authorised Representatives:
%ul.govuk-list.govuk-list--bullet
%li
understand their obligations under these Terms
%li
understand the nature and scope of their permissions and do not exceed such
permissions; and
%li
are prevented from accessing the Application once they cease to be
authorised to do so
%p
If you receive a username, password or any other piece of information as part
of our security procedures, you must treat this as confidential and not disclose
it to anyone. We have the right to disable or change any username or password,
whether chosen by you or allocated by us, at any time if we believe you have
failed to comply with any of the provisions of these Terms or we believe it
is necessary to safeguard the Application’s security.
%p
You are responsible for making all arrangements necessary for you to have
access to the application.
%p
If you have more than one set of usernames and passwords provided by
different Authorising Organisations, Advocates or Litigators (as applicable),
you shall only use each username and password in accordance with the permissions
and purposes authorised by the issuing Authorising Organisation.
%h2.govuk-heading-m
10. Intellectual Property Rights
%p
We are the owner or the licensee of all intellectual property rights in the
Application, and in the material published on it. These rights are protected
by international copyright laws and treaties. All such rights are reserved.
%p
You may print extracts from the contents of the Application only when
you need to do so to use the service provided by the Application, (and
provided that you do not alter, amend or delete any intellectual property
rights, notices or marks). Reproduction of all or part of the Application
or its contents in any form is prohibited for any other purpose. None of the
contents of the Application may be copied or otherwise incorporated into or
stored in any other electronic system, publication or other work in any form
(whether hard copy, electronic or other) other than as set out in this
section 10.
%p
You must not modify in any way the paper or digital copies of any materials
you have printed off or downloaded.
%p
If you print off, copy or download any part of the Application in breach
of these Terms, you must, at our option, return or destroy any copies that
you have made of any materials from the Application and we shall have the
right to take action in accordance with section 13.
%h2.govuk-heading-m
11. Prohibited Uses
%p
You may not use the application:
%ul.govuk-list.govuk-list--bullet
%li
in any way that breaches any applicable local, national or
international law or regulation; or
%li
in any way that is unlawful or fraudulent, or has any unlawful or
fraudulent purpose or effect; or
%li
to knowingly transmit any data, send or upload any material that
contains viruses, Trojan horses, worms, time-bombs, keystroke
loggers, spyware, adware or any other harmful programs or similar
computer code designed to adversely affect the operation of any
computer software or hardware
%p
You also agree:
%ul.govuk-list.govuk-list--bullet
%li
not to reproduce, duplicate, copy or re-sell any part of the application
in contravention of the provisions of these terms;
%li
not to access without authority, interfere with, damage or disrupt:
%ul.govuk-list.govuk-list--bullet
%li
any part of the Application;
%li
any equipment or network on which the Application is stored;
%li
any software and/or database used in the provision of the Application;
%li
any equipment or network or software owned or used by any third
party; or
%li
other users' accounts or information; and
%li
not to attack the Application via a denial-of-service attack or a
distributed denial-of-service attack
%p
By breaching this section 11, you may commit a criminal offence under
the Computer Misuse Act 1990. We will report any such breach to the
relevant law enforcement authorities and co-operate with those
authorities by disclosing your identity. In the event of such a
breach, your right to use the application will cease immediately.
%h2.govuk-heading-m
12. Links from the Application
%p
Where the Application contains links to other websites and resources
provided by third parties, these links are provided for your
information only. We have no control over the contents of those
websites or resources, and accept no responsibility for them or for
any loss or damage that may arise from your use of them.
%h2.govuk-heading-m
13. Suspension and Termination
%p
We may revoke the licence granted to you in section 4 and terminate
these Terms with immediate effect if you breach these Terms.
%p
We will determine, at our discretion, whether you have breached these
terms. When a breach of these Terms has occurred, we may take
whatever action we consider appropriate.
%p
If you don’t comply with these Terms, we may do any or all of the
following:
%ul.govuk-list.govuk-list--bullet
%li
immediately, temporarily or permanently withdraw your right to use the
Application;
%li
immediately, temporarily or permanently remove any material you have
uploaded to the Application;
%li
issue you a warning;
%li
issue legal proceedings against you for reimbursement of all costs on an
indemnity basis resulting from the breach (including, but not
limited to, reasonable administrative and legal costs)
%li
take further legal action against you; and
%li
disclose such information to law enforcement authorities as we reasonably
feel is necessary
%p
We exclude liability for our actions taken in response to breaches of
these Terms. The responses described in these Terms are not limited,
and we may take any other action we reasonably consider appropriate.
%h2.govuk-heading-m
14. Liability
%p
In accordance with the Terms, the Authorising Organisation shall be
responsible for the acts or omissions of the Authorised Representatives
and Litigators, and in respect of section 7, Advocates. The Authorising
Organisation shall defend, indemnify and hold us harmless against claims,
actions, proceedings, losses, damages, expenses and costs (including without
limitation court costs and reasonable legal fees) arising out of the acts
or omissions of the Authorised Representatives, Advocates and Litigators.
%p
To the extent permitted by law, the Application is provided without any
guarantee, conditions or warranties as to its availability, accuracy
or fitness for purpose.
%p
To the extent permitted by law, we expressly exclude all and any
liability to you in respect of all or any claims arising out of or in
connection with these terms and your use of the Application
(including without limitation as a result of negligence or any other
tort under statute or otherwise).
%p
To the extent permitted by law, we exclude all conditions, warranties
and other terms that might otherwise be implied by statute, common
law or the law of equity.
%p
We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of the Application
or to your downloading of any content on it, or on any website linked
to it.
%h2.govuk-heading-m
15. Changes to these Terms
%p
We may amend these Terms from time to time and we will notify you of
this on our website. Such changes are effective from the date they
are notified. Your continued use of the Application after this date shows
your acceptance of such changes.
%h2.govuk-heading-m
16. Information About You and Your Visits to Our Site
%h3.govuk-heading-s
Your information
%p
We collect and process your Personal Data (such as your contact details
and your IP address) in accordance with these Terms. By using the Application,
you consent to this.
%h3.govuk-heading-s Cookies
%p
We may use information obtained about you from cookies (files that your
computer or other device sends to us) which we can access when you
visit the Application in future. The cookies store small pieces of
information about our users, such as names and email addresses.
%p
There are different kinds of cookies with different functions:
%h3.govuk-heading-s
Session cookies:
%p
these cookies are only stored on your computer during your web session.
They are automatically deleted when the browser is closed. They
usually store an anonymous session ID, which allows you to browse a
website without having to log in to each page. They do not collect
any information from your computer.
%h3.govuk-heading-s
Persistent cookies:
%p
a persistent cookie is stored as a file on your computer, and it
remains there when you close your web browser. The cookie can be read
by the website that created it when you visit that website again. We
do not use persistent cookies other than for Google Analytics (please
see below for information on Google Analytics).
%h3.govuk-heading-s
Google Analytics:
%p
The Application uses Google Analytics, a web analytics service provided
by Google. Google Analytics uses cookies to analyse how the Application
is being used. The information generated by the cookie about your use of
the Application (including your IP address) will be transmitted to and stored
by Google on servers in the US. Google will use this information to evaluate
your use of the Application, compiling reports on the Application activity
and internet usage. Google may also transfer this information to third parties
where required to do so by law, or where such third parties process the
information on Google’s behalf. Google will not associate your IP address
with any other data held by Google. By using the Application, you consent
to Google processing your Personal Data in the manner and for the purposes
set out above.
%h3.govuk-heading-s
Deleting cookies:
%p
If you want to delete any cookies that are already on your computer,
please read the instructions for your file management software to
locate the file or directory that stores cookies. If you want to stop
cookies being stored on your computer in future, please refer to your
browser manufacturer’s instructions by clicking "Help"
in your browser menu. You can find out more about deleting or
controlling cookies at
= govuk_link_to 'www.AboutCookies.org', 'http://www.AboutCookies.org', rel: 'external'
\.
%p
Please note: if you delete our cookies or disable future cookies you
may not be able to access certain areas or features of the
Application.
%h2.govuk-heading-m
17. Jurisdiction and Applicable Law
%p
These
Terms and any disputes or claims arising out of or in connection with
them or their subject matter or formation (including non-contractual
disputes or claims) are governed by and construed in accordance with
the laws of England and Wales.
%p
We both irrevocably agree that the courts of England and Wales have
exclusive jurisdiction to settle any dispute or claim that arises out
of or in connection with these terms or their subject matter or
formation (including non-contractual disputes or claims).
%h3.govuk-heading-s
Contact Us
%p
You can write to us at: The Legal Aid Agency, 102 Petty France, London,
SW1H 9AJ.