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Rule 28 Payment where the claimant’s legal representation has been funded by the Legal Services Commission or provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012F6I1

England and Wales

(1)

This rule applies where:

(a)

a payment is to be made to a claimant out of a fund in court under CPR F1rule 37.3;

(b)

the claimant’s legal representation has been funded by the Legal Services Commission F2or provided under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and

(c)

regulation 18(1) of the Community Legal Services (Costs) Regulations 2000f1 F3or regulation 13(1) of the Civil Legal Aid (Statutory Charge) Regulations 2013 applies to the fund in court.

(2)

Where the claimant is legally represented, the Accountant General shall pay the amount to be paid out under rule 27(2) F4... to the claimant’s legal representative.

(3)

Where the claimant is no longer legally represented, the Accountant General shall only make a payment from a fund in court if provided with a payment schedule signed and authenticated by a court F5, or if the case is one where the Accountant General has directed that electronic means may be used, an electronic authenticated copy of such schedule from that court.

Annotations

Textual amendments

F1

Words in rule 28(1)(a) substituted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 20(a)

F2

Words in rule 28(1)(b) inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 9(b)

F3

Words in rule28(1)(c) inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 9(c)

F4

Words in rule 28(2) omitted (27.10.2023) by virtue of The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 20(b)

F5

Words in rule 28(3) inserted (27.10.2023) by The Court Funds (Amendment) Rules 2023 (S.I. 2023/987), rules 1(1), 20(c)

F6

Words in rule 28 heading inserted (1.4.2013) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534), reg. 1, Sch. para. 9(a)

Commencement

I1

Rule 28 in force at 3.10.2011, see rule 1(1)

Footnotes

f1

S.I. 2000/441.