The Civil Legal Aid (General) Regulations 1989

Assessment of costs

105.—(1) In this regulation and in regulation 106, “assessment” means an assessment of costs with a view to ensuring that the amounts of costs to be allowed are those which would be allowed on a taxation on the standard basis under rules of court.

(2) Where the retainer of an assisted person’s solicitor or counsel is determined before proceedings are actually begun and there has been no subsequent change of solicitor or counsel under the certificate, the amount of the solicitor’s costs and counsel’s fees (if any) shall be assessed by the Area Director.

(3) Where proceedings have begun and–

(a) the solicitor is of the opinion that the total amount which he and counsel (if any) would receive after taxation on the standard basis would not be more than £500; or

(b) the case of an assisted person (who is not such a person as is referred to in Order 62, rule 16, of the Rules of the Supreme Court 1965) has been settled after the commencement of proceedings without any direction of the court as to costs on terms that include provision for an agreed sum in respect of costs to be paid to the assisted person which the solicitor and counsel (if any) is willing to accept in full satisfaction of the work done; or

(c) there are special circumstances where a taxation would be against the interest of the assisted person or would increase the amount payable from the fund; or

(d) after a direction or order that the assisted person’s costs shall be taxed on the standard basis, the solicitor incurs costs for the purpose of recovering moneys payable to the fund,

the solicitor may apply to the Area Director for an assessment of the amount of his costs and counsel’s fees (if any) in respect of the work done.

(4) If any solicitor or counsel is dissatisfied with any decision on an assessment in accordance with paragraph (2) or (3), he may, within 21 days of that decision, make written representations to the appropriate area committee; and that committee shall review the assessment of the Area Director whether by confirming, increasing or decreasing the amount assessed by the Area Director.

(5) A solicitor or counsel who is dissatisfied with the decision of an area committee on a review under paragraph (4) may, within 21 days of the decision, apply to that committee to certify a point of principle of general importance.

(6) Where an area committee certifies a point of principle of general importance, the solicitor or counsel may, within 21 days of the certification, appeal in writing to a committee appointed by the Board against the decision of the area committee under paragraph (4).

(7) On an appeal under paragraph (6) the committee appointed by the Board may reverse, affirm or amend the decision of the area committee under paragraph (4).

(8) The assisted person’s solicitor shall within 7 days after an assessment or review under this regulation notify counsel in writing where the fees claimed on his behalf have been reduced or disallowed on assessment or review.