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The Legal Advice and Assistance Regulations 1989

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Recovery of costs

31.—(1) Where any sum is payable to the client by virtue of an order for costs made in connection with proceedings for which ABWOR has been approved under regulation 22, the sum shall be paid to the clerk to the justices, who shall pay it to the Board; and only the clerk to the justices shall be able to give a good discharge for it.

(2) The Board shall, except where a payment has been made under paragraph (3), pay to the solicitor such portion of the sum paid to the Board under paragraph (1) as corresponds to the charge created in his favour on that sum by section 11(2)(a) of the Act, and pay any balance to the client.

(3) The Board may in addition to any payment under regulation 29, pay the solicitor a sum not greater than the sum payable to the Board under paragraph (1) and where such a payment is made, the Board shall require the solicitor to assign his charge under section 11(2)(a) of the Act to the Board.

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