The Church of England (Legal Aid) Rules 1995

Assessment of costs

26.—(1) Paragraph (2) applies where rule 23 or 24 requires any costs to be taxed or assessed in accordance with these Rules and where—

(a) the retainer of the assisted person’s solicitor or his counsel (if any) was determined before the proceedings in question were begun, and there has been no subsequent change in the assisted person’s solicitor or counsel; or

(b) the assisted person’s solicitor is of opinion that the total amount of the costs which he and counsel (if any) for the assisted person would receive after a taxation in accordance with these Rules would not be more than £1000 (or any greater sum for the time being authorised by the Commission for the purposes of this rule); or

(c) there has been an agreement in respect of the amount of the costs to be paid to the assisted person, and the assisted person’s solicitor and his counsel (if any) are willing to accept that agreed amount in full satisfaction of work done; or

(d) there are special circumstances in which a taxation—

(i) would be against the interests of the assisted person; or

(ii) would increase the amount payable out of the Fund.

(2) Where this paragraph applies the assisted person’s solicitor may apply in writing to the secretary for an assessment by the Commission of the amount of the assisted person’s costs.

(3) On any such application the Commission may if it thinks fit assess the amount of those costs without a taxation.

(4) Where no such application has been made and the Commission is satisfied that—

(a) there are special circumstances rendering it desirable to assess the amount of those costs without a taxation; and

(b) to do so would not be against the interests of the assisted person,

the Commission may assess the amount of those costs without a taxation.

(5) An assessment under this rule shall be carried out so as to allow—

(a) as nearly as may be the same amount of costs as would have been allowed on a taxation under these Rules; or

(b) if the Commission thinks fit in a case within sub-paragraph (1)(c), the agreed amount referred to in that sub-paragraph.