The Civil Legal Aid (General) Regulations 1989

Payment on account

100.—(1) A solicitor acting for an assisted person under a certificate to which this regulation applies may submit a claim to the Financial Controller of the Board on a form approved by the Board for the payment of sums on account of profit costs incurred in connection with the proceedings to which the certificate relates.

(2) Counsel instructed on behalf of an assisted person under a certificate to which this regulation applies may submit a claim to the Financial Controller of the Board on a form approved by the Board for the payment of sums on account of his fees for work done in connection with the proceedings to which the certificate relates.

(3) A claim may be made under this regulation in relation to a certificate–

(a) which was issued on or after 1st October 1986, after a period of 18 months has elapsed since the date on which the certificate was issued;

(b) which was issued before 1st October 1986, after a period of 30 months has elapsed since the date on which the certificate was issued.

(4) Further claims may be made under this regulation in relation to–

(a) a certificate to which paragraph (3)(a) applies, after periods of 12 months and 24 months have elapsed since the date on which a claim could first be made;

(b) a certificate to which paragraph (3)(b) applies, after a period of 12 months has elapsed since the date on which a claim could first be made.

(5) The maximum payment to be made for each claim under paragraph (1) or (2) in any one financial year shall be–

for the financial year 1989/90	38%
for the financial year 1990/91	46%
for the financial year 1991/92	54%
for the financial year 1992/93	62%
for the financial year 1993/94	70%
for the financial year 1994/95 and thereafter	75%

(6) Where a solicitor’s retainer has been determined and another solicitor (who is not a member of the same firm) is acting on behalf of the assisted person, the appropriate area committee may authorise payment of a sum on account of the original solicitor’s costs where it appears unlikely that the costs will be taxed within 6 months of the date on which the retainer was determined.

(7) The making of a payment under this regulation shall not release a solicitor from any obligation under these Regulations to submit his costs and counsel’s fees for taxation or assessment on conclusion of the case.

(8) Where, after taxation or assessment, payments made under this regulation are found to exceed the final costs of the case, the solicitor or counsel (if any) shall, on demand, repay the balance due to the fund and, where the total costs exceed any payments made under this regulation, the balance shall be paid from the fund.