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The Magistrates’ Courts and County Court Appeals (Criminal Legal Aid) (Costs) Rules (Northern Ireland) 2009

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EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules prescribe the remuneration for solicitors and counsel assigned under Articles 28, 28A or 30 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.

The main body of the Rules deals with the manner in which costs are to be determined and paid. Those provisions draw to a large extent on the Legal Aid in Criminal Proceedings (Costs) Rules (Northern Ireland) 1992, which relate to criminal representation provided under Part III of the 1981 Order, and which are being superseded by these Rules insofar as they prescribe the costs payable for Magistrates’ Courts cases and County Court appeals.

Schedule 1 deals with the standard fees which shall be payable for most cases to solicitors and counsel respectively. Rules 9 and 10, together with Schedule 2, provide for special rates of payment in Very High Cost Cases.

Initial determinations will be undertaken by the Northern Ireland Legal Services Commission. Provision is made for solicitors and counsel to appeal to the taxing master to challenge the fees determined in a particular case.

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