The Civil Legal Aid (General) Regulations 1989

Disallowance or reduction of costs

109.—(1) Without prejudice to Order 62, rules 10 and 11 of the Rules of the Supreme Court 1965(1) or to Order 38, rule 1(3) of the County Court Rules 1981(2), on any taxation of an assisted person’s costs in connection with proceedings (except authorised summary proceedings and proceedings in the Crown Court), any costs wasted by failure to conduct the proceedings with reasonable competence and expedition shall be disallowed or reduced, and where the solicitor has without good reason delayed putting in his bill for taxation the whole of the costs may be disallowed or reduced.

(2) No costs shall be disallowed or reduced under paragraph (1) until notice has been served by the taxing officer on the solicitor whose name appears on the assisted person’s certificate and, in a case where those costs relate to counsel’s fees, on the assisted person’s counsel, requiring the solicitor or, as the case may be, counsel to show cause orally or in writing why those costs should not be disallowed or reduced.

(1)

S.I. 1965/1776; the relevant amending instrument is S.I. 1986/632.

(2)

S.I. 1981/1687; the relevant amending instrument is S.I. 1986/636.