Regulation 122 Appointment of solicitor to intervene

The Lord Chancellor may appoint a solicitor to intervene in any review by a judge of a taxation of the costs of proceedings to which an assisted person is a party, and any such appointment may be made in respect of a particular review or may extend to any review of taxation during the period for which the solicitor is appointed.

Whenever the Board gives authority to an assisted person’s solicitor to apply to a judge to review a taxation, it shall notify the Lord Chancellor and inform him of the name and address of the assisted person’s solicitor.

If, in proceedings to which an assisted person is a party, any other party applies to a judge to review the inter partes taxation or the assisted person’s solicitor applies to a judge to review any such taxation as is referred to in regulation 113, the assisted person’s solicitor shall so inform the Board and the Board shall notify the Lord Chancellor and inform him of the name and address of the assisted person’s solicitor and, where the subject of the review is an inter partes taxation, the name and address of the solicitor acting for the other party.

The solicitor appointed by the Lord Chancellor to intervene in a review of taxation shall be entitled to production of all documents relevant to the matters in issue before the judge and to delivery of copies thereof and to appear by counsel and be heard on the review, with a view to ensuring that all considerations which are proper to be taken into account are placed before the court, whether they relate to the interests of the fund or of the assisted person or to the remuneration of solicitors and counsel acting for assisted persons.

On any review in which a solictor appointed by the Lord Chancellor has intervened, the judge may make such order as may be just for the payment to or by that solicitor of the costs incurred by him or any other party, and any sum due to the solicitor by virtue of any such order shall be paid by him to the Board and any sum so payable by the solicitor shall be paid out of the fund, and the solicitor shall be entitled to receive from the fund the costs he has incurred on the intervention.

A solicitor appointed by the Lord Chancellor under paragraph (1) may appeal from the decision of the judge on a review of taxation under regulation 115 and paragraphs (2) to (5) above shall apply to such an appeal as it applies to a review.