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Regulation 25 Withdrawal of approval of assistance by way of representation

Original text. Later amendments are not shown.

(1)

The Area Director shall withdraw approval of ABWOR granted under regulation 22 from such date as he considers appropriate where, as a result of information which has come to his knowledge, he considers that–

(a)

in respect of proceedings specified in regulation 7(1)(a) of the Scope Regulations, the client no longer has reasonable grounds for taking, defending or being a party to the proceedings, or for continuing to do so; or

(b)

the client has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense to the fund; or

(c)

it is unreasonable in the particular circumstances that the client should continue to receive ABWOR.

(2)

When approval of ABWOR is withdrawn, the Area Director shall notify the solicitor who shall forthwith–

(a)

inform his client; and

(b)

in respect of proceedings specified in regulation 7(1)(a) of the Scope Regulations, if proceedings have been commenced, send a copy of the notice to the court and to any other party to the proceedings to which the approval related.

(3)

Withdrawal of approval shall not affect or prejudice any subsequent application for representation or for approval of ABWOR in respect of the same proceedings.