The Civil Legal Aid (General) Regulations 1989

Effect of obtaining and failing to obtain authority

63.—(1) Subject to paragraph (2), no question as to the propriety of any step or act in relation to which prior authority has been obtained under regulation 59, 60 or 61 shall be raised on any taxation of costs.

(2) Where costs are incurred in accordance with and subject to the limit imposed by a prior authority given under regulation 59, 60 or 61, no question shall be raised on any taxation as to the amount of the payment to be allowed for the step or act in relation to which the authority was given unless the solicitor or the assisted person knew or ought reasonably to have known that the purpose for which the authority was given had failed or become irrelevant or unnecessary before the costs were incurred.

(3) Without prejudice to regulation 59, where costs are incurred in instructing a Queen’s Counsel or more than one counsel, without authority to do so having been given in the certificate or under regulation 59(1), no payment in respect of those costs shall be allowed on any taxation unless it is also allowed on an inter partes taxation.

(4) Where costs are incurred in instructing counsel or in taking any step or doing any act for which authority may be given under regulation 60 or 61, without authority to do so having been given in the certificate or under regulation 59, 60 or 61, payment in respect of those costs may still be allowed on taxation.