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

Interim payment of disbursements

5.—(1) A solicitor may submit a claim to the Commission for payment of a disbursement for which he has incurred liability in criminal proceedings in the Crown Court in accordance with the provisions of this rule.

(2) A claim for payment may be made where –

(a) the disbursement falls within any guidance issued by the Commission in respect of criminal proceedings in the Crown Court, or the solicitor has obtained prior authority from the Commission to incur the expenditure;

(b) the total liability for such disbursement exceeds £500; and

(c) the solicitor has discharged such liability.

(3) Without prejudice to rule 9(4), a claim under paragraph (1) shall not exceed £2,500 or the maximum fee authorised under the prior authority, whichever is the greater.

(4) A claim for payment under paragraph (1) may be made at any time before the solicitor submits a claim for costs under rule 7(2).

(5) A claim under paragraph (1) shall be submitted to the Commission in such form and manner as it may direct and shall be accompanied by the authority to incur the expenditure (if applicable) and any invoices or other documents in support of the claim.

(6) The Commission shall allow the disbursement, subject to the limit in paragraph (3), if it appears to have been reasonably incurred and discharged in accordance with the guidance or prior authority.

(7) Where the Commission allows the disbursement, it shall notify the solicitor and authorise payment to him accordingly.

(8) Rules 13 to 15 (redetermination etc.) shall not apply to a payment under this rule.