21.—(1) Subject to sub-paragraphs (2), (4) and (5), the fee payable to a solicitor in accordance with paragraph 6 or 8 of this Schedule, as applicable, shall be in addition to any fee which may be payable to a solicitor advocate in accordance with that paragraph.N.I.
(2) Where the same solicitor prepared the case and appeared as a certified solicitor advocate at the hearing, the advocacy fee payable shall be reduced by ten per cent.
(3) If the solicitor satisfies the Commission that there was a clearly maintained division of responsibility in the conduct of the case, no reduction of the advocacy fee shall be made under sub-paragraph (2).
(4) Where the same solicitor attended court as an attending solicitor and as a solicitor advocate (whether certified or not) –
(a)on a day in respect of which a Refresher Fee would otherwise be payable under paragraph 6, or
(b)for a hearing in respect of which a fee would otherwise be payable under Part 4,
the solicitor shall be allowed one fee only in respect of that day or hearing, as applicable.
(5) Where the same solicitor attended court, a prison visit, other consultation or view as an attending solicitor and as a solicitor advocate (whether certified or not), the solicitor shall be allowed one travelling allowance only under paragraphs 29 and 30 in respect of each such attendance.
Commencement Information
I1Sch. 1 para. 21 in operation at 4.4.2005, see rule 1