The Historical Institutional Abuse Redress Board (Applications and Appeals) Rules (Northern Ireland) 2020

Legal advice and assistance etc: case where oral hearing held

15.—(1) In a case where an application for compensation under the Act was determined with an oral hearing being held—

(a)a solicitor who acts for the applicant is entitled in accordance with this rule to a payment by the Board in respect of the solicitor’s costs in providing legal advice and assistance to the applicant, and

(b)if the applicant was represented by counsel at the hearing, counsel is entitled in accordance with this rule to a payment by the Board in respect of counsel’s costs in providing legal assistance by way of that representation.

(2) Where the applicant is awarded compensation for having suffered the abuse referred to in section 2(2)(a), (b) or (c) of the Act, whether or not the application was also for compensation for having suffered the abuse referred to in section 2(2)(d) of the Act—

(a)the solicitor is entitled to the amount specified in the second column of Table 2 in the Schedule for the amount or range of compensation specified in the first column which is or includes the amount of the award of compensation for having suffered the abuse referred to in section 2(2)(a), (b) or (c) of the Act, and

(b)if the applicant was represented by counsel at the hearing, counsel is entitled to the amount specified in the third column of that Table for that amount or range of compensation.

(3) Where the application was only for compensation for having suffered the abuse referred to in section 2(2)(d) of the Act and the applicant is awarded compensation of £20,000 for having suffered that abuse—

(a)the solicitor is entitled to the amount specified in the second column of Table 2 in the Schedule for the range of compensation specified in the first column which includes the amount of £20,000, and

(b)if the applicant was represented by counsel at the hearing, counsel is entitled to the amount specified in the third column of that Table for that range of compensation.

(4) Where the applicant applied for but was not awarded compensation for having suffered the abuse referred to in section 2(2)(a), (b) or (c) of the Act, whether or not the application was also for compensation for having suffered the abuse referred to in section 2(2)(d) of the Act—

(a)the solicitor and, if the applicant was represented by counsel at the hearing, counsel are each entitled to such amount as may be determined by the panel appointed under section 8 of the Act to determine the application, but

(b)the amount so determined must not exceed the amount to which the solicitor or counsel (as the case may be) would have been entitled under paragraph (2) if the applicant had been awarded compensation of £10,000.

(5) Where the application was only for compensation for having suffered the abuse referred to in section 2(2)(d) of the Act and the applicant was not awarded compensation, sub-paragraphs (a) and (b) of paragraph (4) apply for the purposes of this paragraph as they apply for the purposes of that paragraph.

(6) The panel determining the application, having determined the amount of a payment under this rule, must inform the solicitor and (if applicable) counsel of the amount determined and give reasons for that determination.

(7) The determination of the amount of a payment under this rule is final.

(8) If there is an appeal under section 16 of the Act—

(a)the references in this rule to the application or applicant are to be read as including a reference to the appeal or appellant, and

(b)the references in this rule to the panel appointed under section 8 of the Act are to be read as including a reference to the single judicial member selected under section 16 of the Act.