- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
9.—(1) A representative may submit a claim to the appropriate officer for an interim payment in respect of attendance at the Tribunal or refreshers where the main hearing lasts for a qualifying period.
(2) Where a claim is submitted in accordance with the provisions of this regulation, an interim payment shall, without prejudice to the final determination of the costs payable, be allowed—
(a)to a solicitor where he or a fee-earner representing him has attended at the hearing on each day of the qualifying period;
(b)to an advocate where he has undertaken advocacy on the first day of the main hearing or carried out preparation or advocacy on any other day.
(3) The qualifying period for the purposes of this regulation shall be 20 days (which need not be continuous), and a day shall qualify as part of that period if the hearing begins at any time on that day.
(4) The amount payable in respect of each day which qualifies as part of the qualifying period shall be—
(a)in the case of a solicitor—
(i)where the hearing begins before and ends after the luncheon adjournment, five times the hourly rate for a trainee or fee-earner of equivalent experience attending court where more than one representative is assigned as prescribed in Schedule 1;
(ii)where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, two and a half times the hourly rate referred to in (i) above;
(b)in the case of an advocate who is a Queen’s Counsel, the maximum amount of the full day refresher fee for Queen’s Counsel prescribed in Table 2 in Schedule 2;
(c)in the case of an advocate retained solely for the purpose of making a note of any hearing, one-half of the maximum amount of the full day refresher fee for junior counsel prescribed in Table 1 in Schedule 2;
(d)in the case of any other advocate, the maximum amount of the full day refresher fee for junior counsel prescribed in Table 1 in Schedule 2.
(5) A claim for an interim payment may be made in respect of a qualifying period and shall be submitted in such form and manner as the appropriate officer may direct.
(6) Further interim payments under this regulation may be claimed if the hearing lasts for further qualifying periods.
(7) A representative who has obtained prior approval under regulation 5 for the incurring of travelling or accommodation expenses may, at the same time as he submits a claim for an interim payment under this regulation, submit a claim for an interim payment of all such expenses incurred to date (less any expenses previously recovered by him by way of interim payment under this regulation).
(8) A claim under paragraph (7) shall be submitted in such form and manner as the appropriate officer may direct, and shall be supported by such evidence of the expense claimed as he may require.
(9) Regulations 19 to 21 (redetermination, etc.) shall not apply to a payment under this regulation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: