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The Civil Legal Services (General) Regulations (Northern Ireland) 2015
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- Northern Ireland Statutory Rules
- 2015 No. 195
- PART 2
- Regulation 28
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The Civil Legal Services (General) Regulations (Northern Ireland) 2015, Section 28 is up to date with all changes known to be in force on or before 11 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Rule (including any effects on those provisions):
- reg. 31(1A) inserted by 2023 c. 37 s. 56(11)(b)
- reg. 32(2A) inserted by 2023 c. 37 s. 56(12)(b)
- reg. 41(2A) inserted by 2023 c. 37 s. 56(13)(b)
- reg. 43(3) inserted by 2023 c. 37 s. 56(14)(b)
Effect of revocation of certificateN.I.
This section has no associated Explanatory Memorandum
28.—(1) Subject to the provisions of this regulation, an individual whose certificate is revoked shall be deemed never to have been an assisted party in relation to the proceedings to which the certificate related.
(2) Upon receipt of notice of revocation of a certificate, the retainer of any supplier acting on behalf of the assisted party in the proceedings to which the certificate relates shall terminate.
(3) Upon termination of a retainer under this regulation—
(a)the costs of the proceedings to which the certificate related, incurred by or on behalf of the individual to whom it was issued, shall, as soon as practicable, thereafter be taxed or assessed, as applicable, under the Remuneration Order; and
(b)the Department shall remain liable for the payment of any costs so taxed or assessed.
(4) Where a certificate has been revoked, the provisions of the Statutory Charge Regulations which provide for a charge upon property recovered or preserved for an assisted party shall apply to any property recovered or preserved as a result of the individual whose certificate has been revoked continuing to take, defend or be a party to the proceedings to which the certificate related.
(5) For the purpose of paragraph (4), reference to an individual whose certificate has been revoked shall include the individual's personal representative, trustee, trustee in bankruptcy or the Official Receiver, as appropriate.
(6) Where a certificate has been revoked—
(a)the Department shall have the right to recover from the individual to whom the certificate was issued the costs paid or payable under paragraph (3)(b) less any amount received by way of contribution; and
(b)the supplier who has acted under the certificate shall have the right to recover from that individual the difference between the amount paid or payable by the Department and the full amount of the supplier and own client costs.
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