Regulation 10 Amendments to Civil Legal Aid (General) Regulations 1989

In regulation 105(1), after “ensuring that”, there shall be inserted “, subject to paragraph (10),”.

After regulation 105(3) there shall be inserted:

“(3A)

An application for an assessment under this regulation shall be made:

(a)

where paragraph (2) applies, within three months of the termination of the solicitor’s retainer;

(b)

where paragraph (2A) or (3) applies:

(i)

if the assisted person’s certificate is revoked or discharged, within three months of the termination of the solicitor’s retainer;

(ii)

otherwise, within the period which would have been the period specified by CPR rule 47.7 for the commencement of detailed assessment proceedings if the costs fell to be determined by way of detailed assessment.”.

After regulation 105(8) there shall be inserted:

“(9)

Subject to paragraph (10), the time limit in paragraph (3A) may, for good reason, be extended by the Area Director.

(10)

Where a solicitor or counsel without good reason has failed (or, if an extension were not granted, would fail) to comply with the time limit in paragraph (3A), the Area Director may, in exceptional circumstances, extend the time limit and shall consider whether it is reasonable in the circumstances to reduce the costs; provided that costs shall not be reduced unless the solicitor or counsel has been allowed a reasonable opportunity to show cause in writing why the costs should not be reduced.

(11)

A solicitor or counsel may appeal to the area committee against a decision made by the Area Director under paragraph (9) or (10) and such an appeal shall be commenced within 21 days of the decision by giving notice in writing to the area committee specifying the grounds of appeal.”.