Periods during which cost protection applies3
1
Subject to paragraph (3), where the client receives advice and assistance, but later receives representation, cost protection shall apply both in respect of—
a
the costs incurred by the unassisted party before the commencement of proceedings which, as regards the client, are funded proceedings by virtue of the client’s receipt of advice and assistance; and
b
the costs incurred by the unassisted party in the course of proceedings which, as regards the client, are funded proceedings by virtue of the client’s receipt of representation.
2
Subject to paragraph (3), cost protection shall apply only to costs incurred by the unassisted party in relation to proceedings which, as regards the client, are funded proceedings, and—
a
where work is done before the issue of a certificate, cost protection shall (subject to paragraphs (1) and (4)) apply only to costs incurred after the issue of the certificate;
b
where funding is withdrawn by discharging the client’s certificate, cost protection shall apply only to costs incurred before the date when funded services under the certificate ceased to be provided.
3
Where funding is withdrawn by revoking the client’s certificate, cost protection shall not apply either in respect of work done before or after the revocation.
4
Cost protection shall apply to work done immediately before the grant of an emergency certificate if—
a
no application for such a certificate could be made because the office to which the application would ordinarily be made was closed; and
b
the client’s solicitor applies for an emergency certificate at the first available opportunity, and the certificate is granted.