The Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005

• (1) A representative may appeal to the taxing master against a decision made by the Department under rule 11B or 11C and, subject to rule 19, such an appeal shall be instituted within 21 days of receiving notification of the decision by giving notice in writing to the taxing master.

• (2) The provisions of rule 14(3) to (13) shall apply with the necessary modifications to an appeal brought under paragraph (1).

• (3) The decision of the taxing master on an appeal under paragraph (2) shall be final.

Exceptional Preparation – Determination of representatives’ fees

11E

• (1) This rule applies to the determination of fees where the fees are claimed by a representative to whom a Certificate of Exceptionality has been granted under rule 11B, and that certificate has not been revoked under rule 11C.

• (2) Fees payable under this rule shall be assessed and determined by the Department in accordance with this rule and having regard to such directions and guidance as may be issued by the Department.

• (3) When determining the fees payable to a representative under paragraph (2), the Department shall –

• (a) have regard to any standard fees payable to the representative under rule 8 or rule 11, as appropriate;

• (b) assess the fees claimed for any additional preparation work based only on the hours recorded in the contemporaneous records maintained by the representative; and

• (c) where it decides that an additional payment is required under Article 37 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981, allow fees for such additional preparation work at rates no higher than those set out for the appropriate representative (or other fee-earner, as applicable) in the relevant table following paragraph (7).

• (4) If the Department authorised additional preparation work under rule 11C(1) to (4) –

• (a) the representative shall account to the Department for the manner in which any authorised hours were expended; and

• (b) the work allowed this rule shall not exceed the total number of hours so authorised.

• (5) The Department shall not allow payment for any additional hours claimed under the Certificate of Exceptionality unless satisfied by the representative that the additional preparation work was reasonably undertaken and properly done.

• (6) The Department may require the representative to provide any further information which it requires for the purpose of the determination under this rule.

• (7) Any fees allowed under this rule shall be paid to the representative together with the standard fees allowed under Schedule 1.

• (8) For the purposes of this rule “senior solicitor” means a solicitor who has not less than eight years’ post qualification experience in criminal defence work.

• (9) The provisions of rules 4, 7, 8(1), 10, 11(1) and 12 to 15 shall apply with the necessary modifications to the fees payable under this rule.

Payment of costs

Redetermination of costs by Commission

Appeals to the taxing master

Appeals to the High Court

Very High Cost Cases – Certification

Very High Cost Cases – Determination of representatives' fees

Very High Cost Cases – Review by the taxing master

Very High Cost Cases – Appeals to the High Court

Restriction on payment

Time limits

Review

16B

• (1) This paragraph applies to a Referral Hearing which means a hearing at which the court considers the exercise of its powers under section 9 of the Justice Act (Northern Ireland) 2016.

• (2) The time-based fee specified in the Table below as appropriate to the representative (including the category of counsel instructed, as applicable) and to the duration of the hearing shall be payable.