The Historical Institutional Abuse Redress Board (Applications and Appeals) Rules (Northern Ireland) 2020

Witnesses’ legal costs, expenses etc.

18.—(1) Where, on an application for compensation under the Act or an appeal under section 16 of the Act, a person other than the applicant or appellant (“the witness”) is directed by the Board to attend an oral hearing, the witness is entitled to such amount in respect of the costs incurred by the witness in obtaining legal advice or assistance in connection with the hearing, including assistance by way of representation at the hearing, as the Board may determine on a written application by the witness.

(2) Where compensation is awarded on the application or appeal, the witness is entitled to such amount as the Board may determine on the application by the witness under paragraph (1); but that amount must not exceed the total of—

(a) the amount specified in the second column of Table 2 in the Schedule for the amount or range of compensation specified in the first column which includes the amount of the award of compensation, and

(b) if the witness was represented by counsel at the hearing, the amount specified in the third column of the Table for that amount or range of compensation.

(3) Where no compensation is awarded on the application or appeal, the witness is entitled to such amount as the Board may determine on the application by the witness under paragraph (1).

(4) In determining an application under paragraph (1), the Board must take into account—

(a) the witness’s financial resources,

(b) any other source of funding available to the witness, and

(c) the question of whether granting the application under paragraph (1) would be in the public interest.

(5) The Board must not make a payment on an application under paragraph (1) in so far as—

(a) the body, society or organisation to which the application for compensation or appeal relates has already agreed to pay the costs referred to in paragraph (1), or

(b) the Board considers that it would, in all the circumstances of the case, be reasonable to expect the body, society or organisation to pay those costs.

(6) The Board may pay whatever amounts it decides are reasonable to an applicant for compensation under the Act or an appellant under section 16 of the Act, or to any other person in connection with proceedings on the application or appeal, by way of reimbursement for expenses properly incurred, or to be properly incurred, in attending an oral hearing, in so far as the person has not been and is not to be reimbursed from some other source.

(7) Where an applicant for compensation under the Act or an appellant under section 16 of the Act is acting without legal representation, the Board must reimburse the person for expenses properly incurred, or to be properly incurred, in so acting (including in obtaining medical records or expert reports), in so far as the person has not been and is not to be reimbursed from some other source.