The Civil Legal Aid (Remuneration) Regulations 2013

Payments on account by the Lord Chancellor direct to barristers in independent practice

11.—(1) Subject to paragraphs (5) and (6), where a provider has instructed a barrister in independent practice to carry out work that is not Controlled Work, the barrister may apply to the Lord Chancellor on a form approved by the Lord Chancellor for payment on account of remuneration for the civil legal services provided by the barrister where any of the conditions in paragraphs (2) to (4) apply.

(2) The first condition is that a period of 12, 24 or 36 months has elapsed since the date that the Director determined under section 9 of the Act that the legally aided person qualified for civil legal services.

(3) The second condition is that—

(a) the determination referred to in paragraph (2) related to proceedings that have continued for more than 12 months;

(b) it appears unlikely that an order will be made for the costs of the case to be assessed within the next 12 months; and

(c) delay in the assessment of costs will cause hardship to the barrister.

(4) The third condition is that the proceedings to which the determination referred to in paragraph (2) related have concluded or the provider is otherwise entitled to have the costs of the case assessed but the barrister has not been paid for at least six months since the provider was first so entitled.

(5) An application under paragraph (2) must be made within the period—

(a) beginning two months before one of the periods of time referred to in paragraph (2); and

(b) ending two months after that period.

(6) An application under paragraph (1) may not be made in respect of advocacy services in family proceedings.