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The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2009

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Amendments to the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005

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8.  For rule 17, substitute—

Very High Cost Cases – Determination of representatives’ fees

17.(1) This rule applies to the determination of costs—

(a)where the costs are claimed by a representative to whom a Very High Cost Case Certificate has been granted under either rule 16A or 16C, and that certificate has not been revoked under rule 16B; or

(b)in any other case which went to trial where the trial exceeded 25 days.

(2) Cost payable under this rule shall be assessed and determined by the taxing master in accordance with this rule and having regard to such directions and guidance as may be issued by the Lord Chancellor.

(3) When determining the costs payable to a representative under paragraph (2), the taxing master shall—

(a)assess the fees based only on the hours recorded in the contemporaneous records maintained by the representative; and

(b)allow fees at rates no higher than those set out for the appropriate category of work and the appropriate representative in Schedule 2.

(4) The taxing master may consult the trial judge or the Commission and may require the representative to provide any further information which he requires for the purpose of the determination under paragraph (3).

(5) The provisions of rules 4, 7, 8(1), 9, 10, 11(1) and 12 shall apply with the necessary modifications to the costs payable under this rule..

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