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Paragraph 7 Interim payments for attendance at trial and refreshers

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

(1)

A representative may submit a claim to the appropriate officer for an interim payment in respect of attendance at court or refreshers where a Crown Court trial lasts for a qualifying period.

(2)

Where a claim is submitted in accordance with the provisions of this paragraph, an interim payment shall, without prejudice to the final determination of the costs payable, be allowed:

(a)

to a solicitor where he or a fee-earner representing him has attended at court on each day of the qualifying period;

(b)

to an advocate where he has done work falling within paragraph 6(2)(b) or (c) of Schedule 4 on each day of the qualifying period.

(3)

The qualifying period for the purposes of this paragraph shall be 20 days (which need not be continuous), and a day shall qualify as part of that period if the hearing begins at any time on that day.

(4)

The amount payable in respect of each day which qualifies as part of the qualifying period shall be:

(a)

in the case of a solicitor:

(i)

where the hearing begins before and ends after the luncheon adjournment, five times the hourly rate for a trainee or fee-earner of equivalent experience attending court where more than one representative is assigned as prescribed in Schedule 2 Part 1;

(ii)

where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, two and a half times the hourly rate referred to in (i) above;

(b)

in the case of an advocate who is a Queen’s Counsel, the maximum amount of the full day refresher fee for Queen’s Counsel in the Crown Court prescribed in Table 2 in Schedule 3;

(c)

in the case of an advocate instructed as leading junior counsel pursuant to an order made under CDS Regulations, 75 per cent of the maximum amount of the full day refresher fee for Queen’s Counsel in the Crown Court prescribed in Table 2 in Schedule 3;

(d)

in the case of an advocate retained solely for the purpose of making a note of any hearing, one-half of the maximum amount of the full day refresher fee for junior counsel in the Crown Court prescribed in Table 1 in Schedule 3;

(e)

in the case of any other advocate, the maximum amount of the full day refresher fee for junior counsel in the Crown Court prescribed in Table 1 in Schedule 3.

(5)

A claim for an interim payment may be made in respect of a qualifying period and shall be submitted in such form and manner as the appropriate officer may direct.

(6)

Further interim payments under this paragraph may be claimed if the trial lasts for further qualifying periods.

(7)

A representative who has obtained prior approval under CDS Regulations for the incurring of travelling or accommodation expenses may, at the same time as he submits a claim for an interim payment under this paragraph, submit a claim for an interim payment of all such expenses incurred to date (less any expenses previously recovered by him by way of interim payment under this paragraph).

(8)

A claim under sub-paragraph 7 shall be submitted in such form and manner as the appropriate officer may direct, and shall be supported by such evidence of the expense claimed as he may require.

(9)

Paragraphs 20 to 22 (redetermination etc.) shall not apply to a payment under this paragraph.