The Civil Legal Aid (General) (Amendment) Regulations 1994

Amendments to the Civil Legal Aid (General) (Regulations) 1989

13.  The following regulation shall be added after regulation 105A:—

“Assessment and taxation where agreed costs have been paid

106A.— (1) In the circumstances described in paragraph (2) below, there shall be no taxation or assessment except in accordance with this regulation.

(2) The circumstances are—

(a) where proceedings to which an assisted person has been a party are, as regards an assisted person (other than a person referred to in Order 62, rule 16 of the Rules of the Supreme Court 1965), settled without any direction of the court as to costs on terms including a provision for the payment of agreed costs in favour of the assisted person;

(b) where proceedings to which an assisted person has been a party are brought to an end by a judgment, decree or final order and there has been agreement as to the costs to be paid in favour of the assisted person; or

(c) where the retainer of an assisted person’s solicitor or counsel is determined in circumstances to which regulation 105(2) refers and there is an agreement for the payment of agreed costs in favour of the assisted person,

and the agreed costs have been paid.

(3) The assisted person’s solicitor may apply to the Area Director for an assessment limited to legalaid only costs if the solicitor is of the opinion that the amount of those costs, when determined, including counsel’s fees (if any) would not be more than £1,000.

(4) The assisted person’s solicitor may apply for a taxation under regulation 107A(2) limited to legal aid only costs if the solicitor is of the opinion that the amount of those costs, when determined, including counsel’s fees (if any) would be more than £500.

(5) Before any assessment or taxation under paragraphs (3) or (4), the assisted person’s solicitor shall confirm in writing to the relevant authority that the agreed costs have been paid.

(6) The relevant authority may require the production of any information which it considers relevant for the purposes of discharging its functions with respect to a determination under this regulation.

(7) Paragraphs (4) to (8) of regulation 105 shall apply where costs are assessed by an Area Director under paragraph (3) above as they apply under that regulation.”