The Civil Legal Services (General) Regulations (Northern Ireland) 2015

Discharge of certificates by the Director N.I.

22.—(1) Subject to paragraphs (2) and (3), the Director may discharge a certificate—

(a) at any time at the request of the individual to whom it is issued;

(b) if satisfied, after considering any report of the supplier, that the proceedings to which the certificate relates have been disposed of;

(c) where an assisted party's assessed contribution is more than twenty one days in arrears;

(d) as a result of written representations made by any person as to a change in the circumstances of the assisted party;

(e) if satisfied that an assisted party has (following the granting of a certificate) wilfully failed to comply with these Regulations by not furnishing any material information concerning anything other than their financial resources to the Department;

(f) if satisfied that an assisted party knowingly made an untrue statement in furnishing such information as referred to in sub-paragraph (e);

(g) if satisfied that an assisted party failed to attend for an interview or to provide information when so required under regulations 35(4), 41(4) or 49(3), as applicable;

(h) if satisfied that an assisted party has (following the granting of a certificate) made an untrue statement as to their resources or has failed to disclose any material fact concerning them;

(i) where the supplier has given up the case and the Director is satisfied that the assisted party has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense to the Department or has required unreasonably that the proceedings be continued;

(j) if satisfied that the supplier has been unable to obtain further instructions or that the supplier can make no further progress in the proceedings to which the certificate relates;

(k) if satisfied that the assisted party has died;

(l) if satisfied that the assisted party has been adjudicated bankrupt or an order has been made in relation to the assisted party under Article 226 of the Insolvency (Northern Ireland) Order 1989 M1 ; or

(m) if satisfied that the assisted party has been declared by the Court of Judicature to be a vexatious litigant.

(2) A certificate may not be discharged under paragraph (1)(c), (e) to (j), (l) and (m) until notice has been served on the assisted party and the supplier that the certificate may be discharged and the assisted party has been given a reasonable opportunity to make written representations as to why the certificate should not be discharged.

(3) A certificate may not be discharged under paragraph (1)(e), (f) or (h) if the assisted party or the supplier satisfies the Director that the assisted party used due care and diligence to avoid such misstatement or failure.

(4) Subject to paragraph (5), the Director shall discharge a certificate if—

(a) as a result of a determination or redetermination by an assessing authority it appears that the disposable income of the assisted party exceeds the maximum amount which makes the particular civil legal services available to an applicant under the Financial Regulations;

(b) as a result of a determination or redetermination by an assessing authority, it appears that the disposable capital of the assisted party is of an amount which renders the assisted party liable to be refused civil legal services under the Financial regulations;

(c) it appears that the assisted party can afford to proceed without a certificate, and the probable costs which might reasonably be incurred by the assisted party in continuing the proceedings, otherwise than as an assisted party, would not exceed the maximum contribution payable under the determination; or

(d) as a result of any information coming to the knowledge of the Director causing the Director to consider that the assisted party—

(i) no longer has reasonable grounds for taking, defending or being a party to the proceedings; or

(ii) that it is unreasonable in the particular circumstances for the assisted party to continue to receive civil legal services.

(5) A certificate may not be discharged under paragraph (4) until notice has been served on the assisted party and the supplier that the certificate may be discharged and the assisted party has been given a reasonable opportunity to make written representations as to why the certificate should not be discharged.

(6) If a certificate is discharged under this regulation, the Director shall notify the supplier and the assisted party in writing and shall include the reasons for such discharge.

(7) It shall be the duty of the supplier to notify, as soon as practicable, instructed counsel in proceedings to which the certificate relates, that the certificate has been discharged.

Marginal Citations

M1 S.I. 1989/2405 (N.I. 19)