1989 Ed.]
Legal Aid (Scale of Fees) Regulations
[CAP. 91
C3
[Subsidiary]
(a) the full amount allowed on taxation on account of disbursements;
(b) the full amount allowed on taxation on account of profit costs;
and
(c) in cases where fixed costs are applicable and the solicitor has made an election to take fixed costs, the full amount of such fixed costs,
or, in default of taxation or where an election to take fixed costs has not been made, an amount as may be fixed by the Director, not exceeding such amount as in the opinion of the Director would have been allowed if there had been taxation or would have applied if there had been an election to take fixed costs.
6.
Advance of fees to counsel and solicitor
(1) The Director may before taxation make an advance to counsel or solicitor of an amount not exceeding 75% of the sum which the Director estimates will be payable under regulation 4 or 5 and such advance shall be on account of moneys so payable.
(2) If the amount paid under subregulation (1) exceeds the amount payable under regulation 4 or 5, the counsel or solicitor, shall repay the excess to the Director.
7. Fees and costs in referred cases
If a case, in respect of which legal aid has been granted, is referred to any person by a court, there shall be payable to counsel and solicitor the same fees and costs as would have been payable if the reference had been a proceeding in the court by which it was referred, and all proceedings in connection with such reference shall be taxed by the court which referred them as if they were proceedings in the court.
8. Disallowance or reduction of costs on taxation
(1) Without prejudice to the rules of court, on the taxation of an aided person's costs in any proceedings where the aided person's solicitor has without good reason delayed in filing his bill of costs for taxation the whole of the profit costs may be disallowed or reduced.
(2) The aided person's solicitor shall forthwith inform counsel of any disallowance or reduction of counsel's fees on taxation.
9.
Solicitor's duty to safeguard interest of fund
On any taxation pursuant to an order for costs made in favour of an aided person where that person may himself have no interest in the result of the taxation, the solicitor shall safeguard the interest of the fund.
1989 Ed.]
Legal Aid (Scale of Fees) Regulations
[CAP. 91
C3
[Subsidiary]
(a) the full amount allowed on taxation on account of dis-
bursements;
(b) the full amount allowed on taxation on account of profit costs;
and
(c) in cases where fixed costs are applicable and the solicitor has made an election to take fixed costs, the full amount of such fixed costs,
or, in default of taxation or where an election to take fixed costs has not been made, an amount as may be fixed by the Director, not exceeding such amount as in the opinion of the Director would have been allowed if there had been taxation or would have applied if there had been an election to take fixed costs.
6.
Advance of fees to counsel and solicitor
(1) The Director may before taxation make an advance to counsel or solicitor of an amount not exceeding 75% of the sum which the Director estimates will be payable under regulation 4 or 5 and such advance shall be on account of moneys so payable.
(2) If the amount paid under subregulation (1) exceeds the amount payable under regulation 4 or 5, the counsel or solicitor, shall repay the excess to the Director.
7. Fees and costs in referred cases
If a case, in respect of which legal aid has been granted, is referred to any person by a court, there shall be payable to counsel and solicitor the same fees and costs as would have been payable if the reference had been a proceeding in the court by which it was referred, and all proceedings in connection with such reference shall be taxed by the court which referred them as if they were proceedings in the court.
8. Disallowance or reduction of costs on taxation
(1) Without prejudice to the rules of court, on the taxation of an aided person's costs in any proceedings where the aided person's solicitor has without good reason delayed in filing his bill of costs for taxation the whole of the profit costs may be disallowed or reduced.
(2) The aided person's solicitor shall forthwith inform counsel of any disallowance or reduction of counsel's fees on taxation.
9.
Solicitor's duty to safeguard interest of fund
On any taxation pursuant to an order for costs made in favour of an aided person where that person may himself have no interest in the result of the
No comments yet.
Private notes are available after approval.