# The Criminal Defence Service (Funding) (Amendment) Order 2009, Article 21: Amendments to the Criminal Defence Service (Funding) Order 2007


After paragraph 10(6) of Schedule 2 insert—
“(7) An original litigator under sub-paragraph (5)(a) may appeal against the audit of work carried out under stage 0 in accordance with Annex 14 to the Very High Cost Case contract.
(8) Where a case ceases to be a Very High Cost Case, the litigator must be paid in accordance with Part 2 but, where applicable, must repay to the Commission any sum payable to the litigator for work done during the period when the case was a Very High Cost Case (except for any fee payable under sub-paragraph (9)).
(9) Where—
(a) a case ceases to be a Very High Cost Case, and
(b) the case manager was the litigator or a fee-earner of the litigator,
the Commission must pay to the case manager an administration fee in respect of work done to comply with the administrative requirements of the Very High Cost Case contract.
(10) The fee referred to in sub-paragraph (9) is to be calculated as a fee for three hours’ work for every stage (except for stage 0) or part of a stage up to the date on which the case ceased to be a Very High Cost Case, at the rate applicable to the level of the case manager.
(11) In sub-paragraphs (7), (9) and (10) “stage”, “case manager” and “level” have the same meanings as in the Very High Cost Case contract.
(12) A litigator may not be treated both as an original litigator and as a new litigator in a case.”.

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Source: https://www.legislation.gov.uk/uksi/2009/1843/article/21 (the official version)
Page: https://openlegislation.uk/criminal-defence-service-funding-amendment-order-2009/article-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.