|
| We have identified some of the most 'frequently asked questions'
experienced by each of our business areas. This list is not exhaustive but it is hoped its content will provide you with useful guidance. |
|
|
|
|
|
These common questions are asked in relation to reporting on the outcome of cases in civil proceedings certificates. |
|
|
|
|
|
| There are 8 FAQs in this category |
|
|
|
Q: |
|
What forms do I use to request payment? |
|
|
|
A: You are required to forward 1 copy of the form REP1 at the conclusion of all civil cases including matrimonial. Form REP 4 is used to request an Interim Payment. |
|
|
|
|
|
Q: |
|
What do I need to send in with my REP 1 form? |
|
|
|
A: If the case is settled forward a copy of your agreed bill of costs. If your costs have been taxed forward the Taxing Master`s Certificate and Taxed Bill of Costs. All outlay incurred and being claimed must be vouched and therefore we require fee notes/ receipts. Also forward Counsel`s markings and report, if available. |
|
|
|
|
|
Q: |
|
What happens when the case is settled and I have submitted my REP 1 form? |
|
|
|
A: You MUST wait until authority to deal directly with the costs (and any money or property recovered) has been granted by the Legal Services Commission. |
|
|
|
|
|
Q: |
|
Why do I have to have my costs taxed? |
|
|
|
A: If an order for taxation is made pursuant to Schedule 2 of the Legal Aid (General Regulations) (NI) 1965- you must comply with this order. |
|
|
|
|
|
Q: |
|
What is the statutory charge? |
|
|
|
A: The Legal Services Commission has first charge on any monies or property preserved or recovered on foot of a Legal Aid Certificate. Regulation 17 of the 1965 General Regulations refers. There are however exemptions to the Statutory Charge and these are contained in Schedule 4 of the Legal Advice and Assistance Regulations (NI) 1981. |
|
|
|
|
|
Q: |
|
How long do I have to submit my REP 1? |
|
|
|
A: The REP 1 must be forwarded to the Legal Services Commission within 3 months of the conclusion of the proceedings. |
|
|
|
|
|
Q: |
|
How do I claim for costs if my client transfers instructions to another firm of solicitors? |
|
|
|
A: If the certificate has been transferred you may forward your REP 1 to claim your own costs at this stage however this is optional. |
|
|
|
|
|
Q: |
|
Party and Party Costs. Who is responsible? |
|
|
|
A: The person condemned in Party & Party is responsible. The Legal Services Commission will take steps, if necessary, to recover these costs. If the person condemned in costs has any other Legal Aid Certificates the Legal Services Commission will review the reasonableness of these certificates remaining in force. |
|
|
|
|
