Statutory Instruments
2000 No. 1801
LEGAL AID AND ADVICE, ENGLAND AND WALES
The Legal Aid (Notification of Very High Cost Cases) Regulations 2000
Made
27th June 2000
Laid before Parliament
10th July 2000
Coming into force
1st August 2000
The Lord Chancellor, in exercise of the powers conferred on him by sections 34(1) and 43 of the Legal Aid Act 1988( 1 ), makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Legal Aid (Notification of Very High Cost Cases) Regulations 2000 and shall come into force on 1st August 2000.
Interpretation
2. In these Regulations:
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“costs” means, in the case of a solicitor, the fees and disbursements payable under section 25 of the Legal Aid Act 1988 and, in the case of counsel, the fees payable under that section; and
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“the Legal Services Commission” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ( 2 ).
Notification of Very High Cost Cases
3. —(1) This regulation applies to Very High Cost Cases where representation is provided under Part V of the Legal Aid Act 1988.
(2) A Very High Cost Case is a case with regard to which:
(a) if the case proceeds to trial, that trial would be likely to last for 25 days or longer; or
(b) the defence costs with regard to any one defendant (or group of defendants represented by the same firm of solicitors) are likely to amount to £150,000 or greater (such sum to include the solicitor’s costs and counsel’s fees and VAT).
(3) Any solicitor who has conduct of a case which is a Very High Cost Case shall notify the Legal Services Commission in writing accordingly as soon as is practicable.
Signed by the authority of the Lord Chancellor
David Lock
Parliamentary Secretary,
Lord Chancellor’s Department
27th June 2000
1988 c. 34 ; section 43 was amended by the Courts and Legal Services Act 1990 (c. 41) , Schedule 18, paragraph 60. Section 43 is an interpretation provision and is cited because of the meaning given to “regulations”.
1990 c. 22 . By virtue of Schedule 14, paragraph 2 to the Access to Justice Act 1999, the functions of the Legal Aid Board were transferred to the Legal Services Commission on 1st April 2000 when section 1 of that Act came into force.