The Legal Advice and Assistance Regulations 1989

Costs payable out of the fund

29.—(1) Where the reasonable costs of the advice or assistance, including charges for disbursements, exceed any contribution payable by the client to the solicitor under section 9 of the Act together with the value of any charge arising under section 11 of the Act, the solicitor shall, except where paragraph (2) applies, submit a claim to the Area Director requesting payment of the deficiency.

(2) A claim for charges or fees properly chargeable for advice and assistance given in the circumstances specified in regulation 6 shall be made in accordance with the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989(1).

(3) A claim for the costs of advice and assistance given in accordance with arrangements made by the Board under regulation 7 or 8 shall be made in accordance with the Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations 1989(2).

(4) Where the claim does not relate to ABWOR in respect of which counsel has been instructed, the Area Director shall assess it and pay the assessed deficiency, if any, to the solicitor.

(5) Where the claim relates to ABWOR in respect of which counsel has been instructed and the Area Director considers that the proper conduct of the proceedings required counsel, or the instruction of counsel has been approved under regulation 23, the Area Director shall–

(a)assess the solicitor’s claim excluding counsel’s fee, and pay the assessed deficiency, if any, to the solicitor, and

(b)assess counsel’s fee and pay him the amount so allowed less the amount, if any, by which the value of any charge arising under section 11 of the Act together with the amount of any contribution payable by the client under section 9(6) of the Act exceeds the amount allowed to the solicitor on the assessment of his claim.

(6) Where the claim relates to ABWOR in respect of which counsel has been instructed without obtaining prior approval under regulation 23, and the Area Director considers that the proper conduct of the proceedings did not require counsel, the Area Director shall–

(a)determine the assessed deficiency on the basis that counsel had not been instructed and the solicitor had conducted the case on his own;

(b)allow the amount which it would have allowed counsel under paragraph (5) above and pay counsel what it would have paid him under that paragraph to the extent of the assessed deficiency; and

(c)pay the balance of the net assessed deficiency if any to the solicitor.

(7) If any solicitor or counsel is dissatisfied with any decision of the Area Director as to the payment of an assessed deficiency in the costs of advice and assistance, he may within 21 days of receipt of notification of that decision make written representations to the appropriate area committee; and that committee shall review the assessment of the Area Director whether by confirming, increasing or decreasing the amount assessed by the Area Director.

(8) A solicitor or counsel who is dissatisfied with the decision of an area committee on a review under paragraph (7) may within 21 days of receipt of notification of the decision apply to that committee to certify a point of principle of general importance.

(9) Where an area committee certifies a point of principle of general importance the solicitor or counsel may, within 21 days of receipt of notification of that certification, appeal in writing to a committee appointed by the Board against the decision of the area committee under paragraph (7).

(10) On an appeal under this regulation the committee appointed by the Board may reverse, affirm or amend the decision of the area committee under paragraph (7).