Legal Aid (General) (Amendment) Regulations 2014 LEGAL AID (GENERAL) (AMENDMENT) REGULATIONS 2014

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1 Legal Aid (General) (Amendment) Regulations 2014 Index LEGAL AID (GENERAL) (AMENDMENT) REGULATIONS 2014 Index Regulation Page 1 Title Commenement Interpretation Legal Aid Certifying Offier Appliations for legal aid Notie of refusal of legal aid Legal aid ertifiates Appeals to Tribunal Mediation Duties of advoate Bills of osts... 9 SCHEDULE 11 SUBSTITUTED SCHEDULE TO THE LEGAL AID (GENERAL) REGULATIONS SD No. 2014/0283 Page 1

3 Legal Aid (General) (Amendment) Regulations 2014 Regulation 1 SD 2014/0283 Page 3

5 Legal Aid (General) (Amendment) Regulations 2014 Regulation 1 Statutory Doument No. 2014/0283 Legal Aid At 1986 LEGAL AID (GENERAL) (AMENDMENT) REGULATIONS 2014 Approved by Tynwald: 19 November 2014 Coming into Operation: 1 Deember 2014 The Legal Aid Committee makes the following Regulations under setions 16, 23A, 24 and 27 of the Legal Aid At Title These Regulations are the Legal Aid (General) (Amendment) Regulations Commenement If approved by Tynwald, these Regulations ome into operation on the day after they are so approved, for the purpose of the exerise by the Legal Aid Committee of any funtion under regulation 2(1) to (3) (as amended by these Regulations); and on 1 Deember 2014, for all other purposes. 3 Interpretation The Legal Aid (General) Regulations are amended in aordane with regulations 4 to Legal Aid Certifying Offier (1) For the definition of ertifying offier in regulation 1(2) substitute «ertifying offier means the person appointed Legal Aid Certifying Offier under regulation 2(1), and inludes a Deputy Legal Aid Certifying Offier appointed under regulation 2(2);». (2) For regulation 2(1) to (3) substitute 1 SD 144/97 SD 2014/0283 Page 5

6 Regulation 5 Legal Aid (General) (Amendment) Regulations 2014 «(1) Subjet to paragraph (3), the Committee must appoint a Legal Aid Certifying Offier to disharge the funtions onferred upon the ertifying offier by these Regulations and any other regulations made under the At. (2) Subjet to paragraph (3), the Committee may appoint a Deputy Legal Aid Certifying Offier to at in the plae of the Legal Aid Certifying Offier, who may exerise on behalf of the ertifying offier any of the funtions onferred on the ertifying offier by any regulations under the At. (3) A person appointed under paragraph (1) or (2) must be an advoate, a barrister or soliitor of at least 7 years standing but must not be a pratising advoate, barrister or soliitor; () (d) is to be paid suh salary, fees, allowanes and expenses as the Committee, with the onsent of the Treasury, determines; holds offie upon suh other terms and onditions as the Committee determines; and subjet to the At and any regulations under it, must at in aordane with suh general diretions as the Committee may give.». 5 Appliations for legal aid In regulation 4, after paragraph (3) insert «(3A) Exept in the ase of an inquest, every appliation must state (3B) the name and address of every other party to the proeedings, and the name and address of the advoate (if any, and if known to the appliant) ating for eah suh party. In paragraph (3A), and in any other provision of these Regulations referring to that paragraph, "party" inludes, if proeedings have not started, a person who would be a party to proeedings if they had started.». 6 Notie of refusal of legal aid (1) After regulation 7 insert «7A. Refusal of legal aid ertifiate If the ertifying offier refuses an appliation for a legal aid ertifiate, the ertifying offier must Page 6 SD No. 2014/0283

7 Legal Aid (General) (Amendment) Regulations 2014 Regulation 7 notify the appliant and the appliant s advoate of the deision in writing, stating the grounds on whih the appliation is refused, and inform the appliant of the appliant s right to appeal to the Tribunal under regulation 11.». (2) In regulation 10(4), for 6 and 7 substitute 6, 7 and 7A. (3) In regulation 17, after paragraph (2) insert «(2A) Paragraph (2) does not require a notie to be served on a party to whom or to whose advoate a opy of the legal aid ertifiate has been sent under regulation 8(8).». 7 Legal aid ertifiates In regulation 8, at the end add «(8) When the ertifying offier sends a legal aid ertifiate to the advoate for the appliant under paragraph (4) or (7), the ertifying offier must also send a opy to every party referred to in regulation 4(3A) and to every advoate referred to in regulation 4(3A); and notify eah suh party and advoate of the party's right to appeal to the Tribunal under regulation 11. (9) A legal aid ertifiate may be issued or amended for a limited period speified in the ertifiate or amended ertifiate; or limited as to the time to be spent by the assisted person's advoate on the proeedings to whih the ertifiate relates; and suh a ertifiate, unless extended by the ertifying offier, is taken to be disharged on the expiration of that period or that time.». 8 Appeals to Tribunal (1) In regulation 1(2), at the end add «; and the Tribunal means the Legal Aid Appeals Tribunal.». (2) For regulation 11 substitute SD 2014/0283 Page 7

8 Regulation 9 Legal Aid (General) (Amendment) Regulations 2014 «11. Appeals to Tribunal (1) If the ertifying offier refuses an appliation for a legal aid ertifiate, the appliant may appeal to the Tribunal. (2) No appeal lies from a refusal based upon any determination by the Chief Registrar as to the finanial resoures of the appliant (exept in the ase of Privy Counil proeedings); or the maximum amount of ontribution, or the method by whih it is to be paid. (3) If the ertifying offier grants an appliation for a legal aid ertifiate, any party referred to in regulation 4(3A) may appeal to the Tribunal. (4) Any deision of the Tribunal on an appeal is final.». (3) For regulation 12(9) substitute «(9) The assisted person may appeal to the Tribunal against the revoation or disharge of a legal aid ertifiate under paragraph (6); and any deision of the Tribunal on the appeal is final.». (4) In regulation 12(12), at the end add ; and a notie of disharge or revoation under paragraph (6) must inlude a statement of the assisted person's right to appeal to the Tribunal under paragraph (9).. 9 Mediation (1) After regulation 13 insert «13A. Mediation (1) Subjet to paragraphs (2) and (3), these Regulations apply with any neessary modifiations to an appliation for legal aid for mediation in relation to any matter. (2) If, when a legal aid ertifiate (a "mediation ertifiate") is issued on suh an appliation, a legal aid ertifiate has previously been issued to the assisted person for proeedings relating to that matter and has not been disharged or revoked, then, until the mediation ertifiate is disharged or revoked the earlier ertifiate is suspended; and during the suspension no further steps may be taken in the proeedings without the onsent of the ertifying offier. (3) If paragraph (2) does not apply, no legal aid ertifiate may be issued to the assisted person for proeedings relating to the matter Page 8 SD No. 2014/0283

9 Legal Aid (General) (Amendment) Regulations 2014 Regulation 10 in question until the mediation ertifiate has been disharged or revoked.». (2) For regulation 8(8) substitute «(8) Subjet to regulation 13A, a legal aid ertifiate may be granted or amended to over attempts to negotiate a settlement inluding by means of alternative dispute resolution.». 10 Duties of advoate In regulation 15, at the end insert «(10) If it appears to an assisted person's advoate that () (11) If the assisted person no longer has reasonable grounds for taking, defending or being party to the proeedings or, in the ase of an inquest, no longer has a reasonable interest in the proeedings; or the assisted person has required the proeedings to be onduted unreasonably so as to inur an unjustifiable expense to the Treasury; or it is unreasonable in the partiular irumstanes that the assisted person should ontinue to reeive legal aid; the advoate must report the irumstanes to the ertifying offier. a legal aid ertifiate has been issued in onnetion with any proeedings; and at the onlusion of the proeedings it might reasonably be expeted that the ourt would, on an appliation for the purpose, make an order for osts in favour of the assisted person, the assisted person's advoate must make suh an appliation.». 11 Bills of osts (1) After regulation 17 insert «17A. Bills of osts The advoate assigned to an assisted person must submit to the Chief Registrar a bill of osts in the form and ontaining the partiulars set out in the Shedule.». (2) Omit regulation 27. SD 2014/0283 Page 9

10 Regulation 11 Legal Aid (General) (Amendment) Regulations 2014 (3) For the Shedule substitute the Shedule set out in the Shedule to these regulations. MADE 17 th Otober 2014 Andrew Swithinbank, Chairman Tony Jones, Member Tony Warham, Member. MEMBERS OF THE LEGAL AID COMMITTEE Page 10 SD No. 2014/0283

11 Legal Aid (General) (Amendment) Regulations 2014 SCHEDULE SCHEDULE [Regulation 11(3)] SUBSTITUTED SCHEDULE TO THE LEGAL AID (GENERAL) REGULATIONS 1997 «SCHEDULE [Regulation 17A] BILL OF COSTS (1) Title page, whih must inlude () (d) (e) (f) (g) (h) the full title of the proeedings; the full name of the assisted person; the full name and address of the nominated advoate; the name of the nominated advoate's firm and VAT registration number; date and referene of the legal aid ertifiate and any subsequent amendment ertifiates; extent of the legal aid ertifiate (inluding limitations); if appropriate, the date of the ourt order authorising legal aid assessment; and if appropriate, details of any ourt order whih requires the osts of the assisted person to be paid (in full or in part) by another party. (2) Summary page, whih must inlude () (d) (e) (f) the hourly rate or rates laimed; total laim for all work undertaken; disbursements (subjet to VAT); VAT total; disbursements (not subjet to VAT); and details of any payments reeived in advane of assessment. (3) If the bill overs 2 or more periods with different hourly rates, separate totals should be inluded for eah period within the summary. (4) Chronologial list, whih must inlude a full list of all work done (inluding preparation time, appearane time and travelling and waiting time) between the date of the legal aid ertifiate and the date of the disharge or revoation of the ertifiate. (5) The list should omprise olumns headed as follows SD No. 2014/0283 Page 11

12 SCHEDULE Legal Aid (General) (Amendment) Regulations 2014 () date; desription of work done; and senior advoate, junior advoate, other person eah of the last olumns being subdivided into 3 olumns headed "C" (for the amount laimed), "D" (for the amount deduted on assessment) and "A" (for the net amount allowed). (6) For the purposes of this Shedule appearane time means time spent in onduting the ase for the assisted person; junior advoate means an advoate who has been in pratie in the Island for less than 5 years; preparation time means time spent in preparing to ondut the ase for the assisted person and inludes all onferenes, onsultations, views, attendanes, visits, advie given, douments settled or perused and letters written and (in the ase of onvition) time spent in advising the assisted person whether or not to appeal against onvition or sentene; senior advoate means an advoate who has been in pratie in the Island for not less than 5 years; and travelling and waiting time means reasonable time spent travelling or waiting in the ourse of representation, pursuant to any limitation presribed by rules of ourt.». Page 12 SD No. 2014/0283

13 Legal Aid (General) (Amendment) Regulations 2014 Explanatory Note Expl EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Legal Aid (General) Regulations Regulation 4 makes new provision as to the title and onditions of servie of the ertifying offier. Regulations 5, 6 and 8 are onsequential on the establishment of the Legal Aid Appeals Tribunal. An appeal against the refusal of a legal aid ertifiate will lie to the Tribunal instead of to the Legal Aid Committee. In addition, an opposing party is given a right of appeal against the grant of a ertifiate. Regulation 7 is also partially onsequential on the establishment of the Legal Aid Appeals Tribunal but it also enables a legal aid ertifiate to be issued for a speified period, or limited as to the time to be spent by the assisted person's advoate. Regulation 9 makes provision for legal aid in onnetion with mediation, and regulation 10 requires the advoate to report unreasonable behaviour by the assisted person to the ertifying offier and, in appropriate ases, to make an appliation for osts. Regulation 11 speifies the form and ontent of a bill of osts to be submitted by an advoate for an assisted person under Part I (ivil legal aid) of the Legal Aid At SD No. 2014/0283 Page 13

Legal Aid (Financial Resources) (Amendment) Regulations 2014 LEGAL AID (FINANCIAL RESOURCES) (AMENDMENT) REGULATIONS 2014

Legal Aid (Finanial Resoures) (Amendment) Regulations 2014 Index LEGAL AID (FINANCIAL RESOURCES) (AMENDMENT) REGULATIONS 2014 Index Regulation Page 1 Title... 3 2 Commenement... 3 3 Charge on property