Computation of final claim where an interim payment has been madeE+W
22.—(1) At the conclusion of a case in which one or more payments have been made to an instructed advocate or a litigator under regulations [F117A to 21], the instructed advocate or litigator must submit a claim under regulation 4 or 5 for the determination of the overall remuneration, whether or not such a claim will result in any payment additional to those already made.
(2) In the determination of the amount payable to an instructed advocate or litigator under regulation 4 or 5—
(a)the appropriate officer must deduct the amount of any payment made under regulations [F117A to 21] in respect of the same case from the amount that would otherwise be payable; and
(b)if the amount of the interim payment is greater than the amount that would otherwise be payable, the appropriate officer may recover the amount of the difference, either by way of repayment by the instructed advocate or litigator or by way of deduction from any other amount that may be due to the instructed advocate or litigator.
Textual Amendments
F1Words in reg. 22 substituted (2.10.2014) by The Criminal Legal Aid (Remuneration) (Amendment) (No.2) Regulations 2014 (S.I. 2014/2422), regs. 1(1), 2(5) (with reg. 3)