The Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2011

Amendments to the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005

8.  After rule 4, insert—

“Enhanced costs where solicitor conducts trial or hearing

4A.— (1) Where a solicitor exercising his right of audience under section 50 of the Judicature (Northern Ireland) Act 1978(1) conducts a trial or hearing without counsel he shall be entitled to an enhancement of his costs in accordance with this rule.

(2) Subject to paragraphs (4) to (6), where the solicitor has at least three years’ standing, the amount of any enhancement under this rule shall be the standard fee to which a sole junior counsel, if conducting the trial or hearing, would have been entitled.

(3) Subject to paragraphs (4) to (6), where the solicitor has less than three years’ standing, the amount of any enhancement under this rule shall be fifty per cent of the standard fee to which a sole junior counsel, if conducting the trial or hearing, would have been entitled.

(4) This rule also applies where a criminal aid certificate was granted for two counsel and a solicitor conducts the trial or hearing with or without a second counsel.

(5) Where the solicitor has at least three years’ standing, the amount of any enhancement under this rule shall be the standard fee to which a leading junior counsel (or led junior counsel, as applicable), if conducting the trial or hearing, would have been entitled.

(6) Where the solicitor has less than three years’ standing, the amount of any enhancement under this rule shall be fifty percent of the standard fee to which a leading junior counsel (or led junior counsel, as applicable), if conducting the trial or hearing, would have been entitled.”.

(1)

1978 c. 23