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Regulation 101 Payment on account of disbursements, in cases of hardship, etc

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Without prejudice to regulation 100, a solicitor acting for an assisted person may apply to the appropriate area committee for the payment of a sum on account of

(a)

disbursements incurred or about to be incurred in connection with the proceedings to which the certificate relates;

(b)

profit costs or counsel’s fees where the proceedings to which the certificate relates have continued for more than 12 months and it appears unlikely that an order for taxation will be made within the next 12 months and delay in the taxation of those costs or fees will cause hardship to the solicitor or counsel.

(2)

Without prejudice to regulation 100, where–

(a)

the proceedings to which the certificate related have concluded or the solicitor is otherwise entitled to have his costs taxed; and

(b)

counsel acting for the assisted person has not received payment in respect of his fees for at least 6 months since the event which gave rise to the right to taxation,

counsel may apply to the appropriate area committee for payment of 75 per cent of the amount claimed on account of his fees for work done in connection with the proceedings to which the certificate related.