The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005

Very High Cost Cases – Certification N.I.

[F1 16B.— (1) Where the Commission certifies a case as being a Very High Cost Case, it shall require the representative (or each representative, as applicable)—

(a) to record contemporaneously the number of hours he spends in preparation work on the case, together with a short description of the nature of the work performed on each occasion and a note of the fee-earner performing that work, as applicable;

(b) to maintain such records in a permanently accessible format; and

(c) to provide periodic reports and projections as to the future costs of the case to the Commission at such times and in such a form as the Commission shall direct.

(2) The periodic reports provided to the Commission under paragraph (1)(c) shall, if so directed by the Commission, include copies of the records maintained by the representative under paragraph (1)(b).

(3) If a representative fails to comply with paragraph (1) without good reason, the Commission may revoke the Certificate granted to that representative, provided that the Certificate shall not be revoked unless the representative has been permitted a reasonable opportunity to show cause orally or in writing why the Certificate should not be revoked.

(4) Where a Very High Cost Case Certificate granted to a representative has been revoked under paragraph (3), that representative’s fees shall be determined under rule 8 or 11, as appropriate, as if the Certificate had never been granted unless the actual duration of the trial exceeded 25 days.]

Textual Amendments

F1 rule. 16-16C substituted for (with application in accordance with rule 3(1) of the amending Rule) by The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2009 (S.R. 2009/267), rules. 1, 7 (with rule. 4)