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Regulation 5 Claims for costs by solicitors

Original text. Later amendments are not shown.

(1)

Subject to regulation 15, no claim by a solicitor for costs in respect of work done under a legal aid order shall be entertained unless the solicitor submits it within three months of the conclusion of the proceedings to which the legal aid order relates.

(2)

Subject to paragraph (3), a claim for costs shall be submitted to the appropriate authority in such form and manner as it may direct and shall be accompanied by the legal aid order and any receipts or other documents in support of any disbursements claimed.

(3)

A claim shall—

(a)

summarise the items of work done by a fee-earner in respect of which fees are claimed according to the classes specified in regulation 6(1) or in paragraph 4(2) of Schedule 1 Part II;

(b)

state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one assisted person;

(c)

in the case of proceedings in the Crown Court or Court of Appeal, specify, where appropriate, the fee-earner who undertook each of the items of work claimed;

(d)

give particulars of any work done in relation to more than one indictment or a retrial;

(e)

specify any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them.

(4)

Where the solicitor claims that—

(a)

representation or advice given before the making of the legal aid order should be deemed to be work done under that order, or

(b)

paragraph 3 of Schedule 1 Part I should be applied in relation to an item of work, he shall give full particulars in support of his claim.

(5)

Where there are any special circumstances which should be drawn to the attention of the appropriate authority, the solicitor shall specify them.

(6)

The solicitor shall supply such further particulars, information and documents as the appropriate authority may require.