Identity of instructed advocate
25.—(1) Where an instructed advocate is appointed before the plea and case management hearing, the instructed advocate must notify the Court in writing as soon as the appointment is made and, where appropriate, must confirm whether the instructed advocate is the leading instructed advocate or the led instructed advocate.
(2) Where the section 16 determination provides for representation by a single advocate and no instructed advocate has been notified to the Court in accordance with sub-paragraph (1)—
(a)the barrister or solicitor advocate who attends the plea and case management hearing is deemed to be the instructed advocate; and
(b)the Court must make a written record of this fact.
(3) Where the section 16 determination provides for representation by a single advocate and no barrister or solicitor advocate attends the plea and case management hearing—
(a)the barrister or solicitor advocate who attends the next hearing in the case is deemed to be the instructed advocate; and
(b)the Court must make a written record of this fact.
(4) Where the section 16 determination provides for representation by more than one advocate, and no leading instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the leading advocate who attends—
(a)the plea and case management hearing; or
(b)where no leading advocate attends the plea and case management hearing, the next hearing in the case attended by a leading advocate,
is deemed to be the leading instructed advocate, and the Court must make a written record of this fact.
(5) Where the section 16 determination provides for representation by more than one advocate, and no led instructed advocate has been notified to the Court in accordance with sub-paragraph (1), the led advocate who attends—
(a)the plea and case management hearing; or
(b)where no led advocate attends the plea and case management hearing, the next hearing in the case attended by a led advocate,
is deemed to be the led instructed advocate, and the Court must make a written record of this fact.
(6) Where a section 16 determination is amended after the plea and case management hearing to provide for representation by more than one advocate—
(a)the additional instructed advocate must notify the Court in writing of the additional instructed advocate’s appointment within 7 days of the date on which the section 16 determination is amended; and
(b)each instructed advocate must notify the Court whether that instructed advocate is the leading instructed advocate or the led instructed advocate.
(7) Where no additional instructed advocate has been notified to the Court in accordance with sub-paragraph (6)(a), the advocate who attends the next hearing in the case is deemed to be an instructed advocate and the Court must record in writing whether that instructed advocate is the leading instructed advocate or the led instructed advocate, as appropriate to the circumstances of the case.
(8) Where—
(a)a case ceases to be a Very High Cost Case (in relation to fees claimed by advocates); and
(b)none of sub-paragraphs (1) to (7) applies,
the instructed advocate must notify the Court in writing of the instructed advocate’s appointment within 7 days of the case ceasing to be a Very High Cost Case.
(9) The Court must attach—
(a)any notice received under sub-paragraph (1), (6) or (8); and
(b)any record made by it under sub-paragraph (2), (3), (4), (5) or (7),
to the representation order.
(10) An instructed advocate must remain as instructed advocate at all times, except where—
(a)a date for trial is fixed at or before the plea and case management hearing and the instructed advocate is unable to conduct the trial due to the instructed advocate’s other pre-existing commitments;
(b)the instructed advocate is dismissed by the assisted person or the litigator; or
(c)the instructed advocate is required to withdraw because of his professional code of conduct.
(11) Where, in accordance with sub-paragraph (10), an instructed advocate withdraws, the instructed advocate must—
(a)immediately notify the court of the withdrawal—
(i)in writing; or
(ii)where the withdrawal takes place at a plea and case management hearing, orally; and
(b)within 7 days of the date of the withdrawal, notify the court in writing of the identity of a replacement instructed advocate, who must fulfil all the functions of an instructed advocate in accordance with these Regulations.
(12) This paragraph does not apply to a claim for fees under paragraph 32, 33 or 34.