Civil Legal Aid (Remuneration) Regulations 2013: Judicial Review


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Civil Legal Aid (Remuneration) Regulations 2013

The Civil Legal Aid (Remuneration) Regulations 2013 are a set of regulations that make provisions regarding the payment of legal costs by the Lord Chancellor to those who provide civil legal aid work. These regulations outline the remuneration and payment processes for those involved in providing civil legal aid.


Judicial Review Remuneration

Regulation 5A of the Civil Legal Aid (Remuneration) Regulations 2013 specifically addresses the payment for civil legal services in the context of Judicial Review cases.

This section outlines the circumstances under which the Lord Chancellor will pay the legal costs of making of an application for Judicial Review that is issued.

The regulation stipulates that the Lord Chancellor must not pay remuneration for civil legal services that consist of making that application unless certain conditions are met.

These conditions include obtaining permission from the Court to bring Judicial Review proceedings or obtaining express permission from the Lord Chancellor for legal costs to be renumerated if permission is not obtained.

In some circumstances, a settlement may be reached in Judicial Review proceedings before permission is granted or rejected by the Court, thereby rendering the ongoing process as obsolete. There may also be changes in circumstances which lead to the application for Judicial Review to be withdrawn.  Irrespective of the reason, these lead to the unusual outcome that permission is neither given or refused.

In these circumstances, the Legal Aid Agency (LAA) do not automatically agree to remuneration for work done in relation to the Judicial Review application, on the basis that it must be demonstrated that the proceedings had merits in the first instance.

Per can be obtained by completing the relevant form and returning it to the Legal Aid Agency.

It is for these reasons that it is vital to have a legal costs expert on your side to assist you through the complexities of legal costs recovery in Judicial Review applications.

Prior to submission of any costs claim on CCMS in such a case, permission must first be obtained from the LAA to reimburse the Solicitor their legal aid costs on a discretionary payment basis.  This must first be done by completing the relevant form and returning it to the Legal Aid Agency.


How can ARC Costs Assist?


ARC Costs have a team of Legal Aid Costs Draftsmen and Costs Lawyers who specialise in Judicial Review cases. We understand the rules stipulated under the Civil Legal Aid (Remuneration) Regulations 2013, and can assist parties in making applications for discretionary payment, as well as claiming these discretionary costs back from the Legal Aid Agency.

We can further assist in the submission of legal aid costs claims to the CCMS system and manage all of the related administrative tasks on behalf of our clients.

This approach not only releases fee earners from administrative burdens but also guarantees the swift and effective retrieval of your highest potential legal aid fees.

It is also worth noting that in exceptional costs cases (in which a fixed fee does not apply), the cost of utilising our Costs Draftsmen preparing your Bill can be recovered from the LAA.

To find out more about how we can provide you with assistance, please get in touch with us at 01204 397302 or email our team of experts at Alternatively, please use our free chat facility to speak to an expert directly.

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