Church of England (Miscellaneous Provisions) Measure 2018

Delay by solicitor in putting in bill of costs E

7 (1) After rule 27 insert— E

“Delay in putting in bill of costs E

28 (1) In a case where an interim certificate for legal aid has been issued under rule 10 but the assisted person's solicitor has, without good reason, not put in a bill of costs for assessment by the end of three months beginning with the date on which the certificate was issued, the Commission may disallow the whole of the costs.

(2) In any other case where costs are to be assessed under rule 26 but the assisted person's solicitor has, without good reason, not put in a bill of costs for assessment by the end of three months beginning with the date on which the certificate concerned was issued, the Commission may disallow the whole of the costs.

(3) In a case where, on a taxation or assessment of costs under these Rules, an assisted person's solicitor has been required to put in a new bill of costs but has, without good reason, not done so before the end of three months beginning with the date on which the taxation or assessment was concluded, the Commission may disallow the whole of the costs.

(4) An assisted person's solicitor may, before the end of the three months provided for under paragraph (1), (2) or (3), make an application to the secretary for the chairman to allow the solicitor a further period of up to three months in which to put in the bill.

(5) An application under paragraph (4)—

(a) shall be in writing,

(b) shall specify the further period sought and the reason for making the application,

(c) shall be accompanied by evidence in support, and

(d) shall be lodged with the secretary.

(6) Where the chairman considers that an application under paragraph (4) should not be granted, the chairman shall, before making a final decision, inform the assisted person's solicitor that the solicitor is to be afforded an opportunity to make representations as to why the solicitor should be allowed the further period sought.

(7) Representations under paragraph (6)—

(a) shall be in writing, and

(b) shall be lodged with the secretary before the end of 10 days beginning with the date on which the solicitor is informed of the opportunity to make the representations.

(8) As soon as the chairman has made a final decision on an application under paragraph (4), the secretary shall notify the solicitor in writing of the decision, together with a statement of the reason for it.

(9) The further period which may be allowed on the grant of an application under paragraph (4)—

(a) shall not exceed three months, but

(b) may be shorter than the period sought in the application.

(10) Where an application under paragraph (4) is granted, paragraph (1), (2) or (3) (as the case may be) has effect in relation to the solicitor as if the reference to three months beginning as mentioned there were instead a reference to the further period allowed on the application beginning with—

(a) if the decision to grant the application is made before the end of the three months, the end of that period, or

(b) if the decision is made after the end of that period, the day on which the decision is made.

(11) In a case where the bill of costs includes disbursements, the Commission may exercise its power under paragraph (1), (2) or (3) by disallowing the whole of the costs except for one or more of the disbursements.

(12) Where the chairman is unable to consider an application under paragraph (4) or representations under paragraph (6), the power to do so may be exercised by the secretary in consultation with two members of the Commission, at least one of whom is legally qualified within the meaning of section 9A of the Administration of Justice Act 1985.”

(2) This paragraph applies in a case where the three months referred to in paragraph (1), (2) or (3) of the new rule 28 (inserted by sub-paragraph (1) of this paragraph) came to an end before the commencement of this paragraph (as well as in a case where they come to an end afterwards).