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Regulation 22 Computation of final claim where an interim payment has been made

England and Wales

(1)

At the conclusion of a case in which one or more payments have been made to an instructed advocate F1, a trial advocate or a litigator under regulations F217A to 21, F3the trial advocate or litigator must submit a claim under regulation 4 or 5 for the determination of the overall remuneration, whether or not such a claim will result in any payment additional to those already made.

(2)

In the determination of the amount payable to F4a trial advocate or litigator under regulation 4 or 5—

(a)

the appropriate officer must deduct the amount of any payment made under regulations 17A to 21 in respect of the same case from the amount that would otherwise be payable; and

(b)

if the amount of the interim payment is greater than the amount that would otherwise be payable, the appropriate officer may recover the amount of the difference, either by way of repayment by F5the trial advocate or litigator or by way of deduction from any other amount that may be due to the trial advocate or litigator.

F6(3)

In this regulation, where the main hearing is a trial, “trial advocate” means an advocate who—

(a)

is instructed pursuant to a section 16 determination to represent the assisted person at the trial, and

(b)

attends the first day of the trial F7, and for this purpose “trial” excludes any cross-examination or re-examination to which paragraph 13A(3) of Schedule 1 applies.

Annotations

Textual amendments

F1

Words in reg. 22(1) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(11)(a) (with reg. 3)

F2

Words in reg. 22 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(5) (with reg. 3)

F3

Words in reg. 22(1) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(b) (with reg. 3)

F4

Words in reg. 22(2) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(3)(d) (with reg. 3)

F5

Words in reg. 22(2)(b) substituted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(6)(b) (with reg. 3)

F6

Reg. 22(3) inserted (5.5.2015) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015 (S.I. 2015/882), regs. 1, 2(11)(b) (with reg. 3)

F7

Words in reg. 22(3)(b) inserted (1.2.2023) by The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2023 (S.I. 2023/97), regs. 1(1), 2(5) (with reg. 3)