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
This rule applies where:
a payment is to be made to a claimant out of a fund in court under CPR F1rule 37.3;
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
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.
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