23.—(1) Subject to sub-paragraph (5), this paragraph applies if a trial was ended by direction of the judge, or it ended with the jury being unable to agree a verdict, and an order was made for a new trial.N.I.
(2) Where the new trial began either on the same day or within fifteen working days, the case shall be considered as having comprised one trial for the purposes of determining the fees payable under these Rules.
(3) Where the period of time between the first trial ending and the new trial beginning exceeded fifteen working days, a second fee shall be payable in accordance with sub-paragraph (4).
(4) The second fee payable to a representative under sub-paragraph (3) shall be calculated in accordance with paragraph 6 (or paragraph 8, if applicable) except that each of the elements of the formula set out in paragraph 6 (or paragraph 8, if applicable) shall be reduced by –
(a)forty per cent, where the new trial started within two calendar months of the conclusion of the first trial; and
(b)twenty-five per cent, where the new trial did not start within two calendar months of the conclusion of the first trial,
except for the refresher and travelling allowance elements which shall not be so reduced.
(5) This paragraph shall not apply where a different representative acted for the assisted person at each trial.
Commencement Information
I1Sch. 1 para. 23 in operation at 4.4.2005, see rule 1