Regulation 8 Amendments to the principal regulations

After regulation 22, insert—

“Interim payment of disbursements

22A.

(1)

A solicitor may submit a claim to the Commission for payment of a disbursement for which he has incurred liability in accordance with the provisions of this regulation.

(2)

A claim for payment may be made where—

(a)

the disbursement falls within any guidance issued by the Commission in respect of advice and assistance or assistance by way of representation, or the solicitor has obtained prior authority from the Commission to incur the expenditure;

(b)

the total liability for such disbursement exceeds £500; and

(c)

the solicitor has discharged such liability.

(3)

A claim under paragraph (1) shall not exceed £2,500 or the maximum fee authorised under the prior authority, whichever is the greater.

(4)

A claim for payment under paragraph (1) may be made at any time before the solicitor submits a claim for costs under regulation 23.

(5)

A claim under paragraph (1) shall be submitted to the Commission in such form and manner as it may direct and shall be accompanied by the authority to incur the expenditure (if applicable) and any invoices or other documents in support of the claim.

(6)

The Commission shall allow the disbursement, subject to the limit in paragraph (3), if it appears to have been reasonably incurred and discharged in accordance with the guidance or prior authority.

(7)

Where the Commission allows the disbursement, it shall notify the solicitor and authorise payment to him accordingly.”.