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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 4
- Regulation 37
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The Civil Legal Services (General) Regulations (Northern Ireland) 2015, Section 37 is up to date with all changes known to be in force on or before 19 April 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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Changes and effects yet to be applied to the whole Rule associated Parts and Chapters:
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)
Determination of applications for certificates and authoritiesN.I.
This section has no associated Explanatory Memorandum
37.—(1) Subject to paragraph (2), an application for a certificate under this Part shall not be granted unless—
(a)it is made in respect of the proceedings referred to in regulation 35(1); and
(b)it is shown that there are reasonable grounds for taking, defending or being a party to the proceedings to which the application relates.
(2) A certificate under this Part may be refused if, in the particular circumstances of the case, it appears to the Director—
(a)to be unreasonable that a certificate should be granted; or
(b)that only a trivial advantage would be gained by the applicant in taking, defending or being a party to the proceedings to which the application relates, or, owing to the simple nature of the proceedings, a supplier would not ordinarily be employed.
(3) Subject to paragraph (4), it shall be a condition of every certificate issued under this Part that the prior authority of the Director shall be required—
(a)to obtain a report or opinion of an expert;
(b)to tender expert evidence;
(c)to obtain a report or an opinion of a person (other than an expert);
(d)to tender such evidence as is referred to in sub-paragraph (c);
(e)to obtain a transcript or recordings of any proceedings; or
(f)to perform an act which is either unusual in its nature or involves unusually large expenditure.
(4) The Director may give general authority (subject to a maximum fee payable) to suppliers in any particular class of case, including—
(a)to obtain a report or opinion of one or more experts or to tender expert evidence;
(b)to employ a person to provide a report or opinion (other than as an expert); or
(c)to obtain a transcript or recordings of any proceedings.
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