C4C6Part IIAdvice and Assistance

Annotations:
Modifications etc. (not altering text)
C4

Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5

12C1 Payment of fees or outlays otherwise than through clients’ contributions.

1

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

This section applies to any fees or outlays properly chargeable (in accordance with section 33 of this Act), in respect of advice and assistance given to a client in pursuance of this Part of this Act F2; but does not apply to the salary payable to a solicitor employed by the Board F3under sections 26 and 27 of this Act or to the salary payable to a solicitor employed by the Board by virtue of section 28A of this Act.

C23

Except in so far as regulations made under this section otherwise provide, fees or outlays to which this section applies shall be paid to the solicitor F4or, as the case may be, the registered organisation, as follows—

a

first, out of any F5amount payable by the client in accordance with section 11(2) F8or, as the case may be, section 11A(2) of this Act;

b

secondly, in priority to all other debts, out of any expenses which (by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the client by any other person in respect of the matter in connection with which the advice and assistance is provided;

C3C5c

thirdly, in priority to all other debts, out of any property (of whatever nature and wherever situated) which is recovered or preserved for the client in connection with that matter, including his rights under any settlement arrived at in connection with that matter in order to avoid or bring to an end any proceedings;

d

fourthly, by the Board out of the Fund, following receipt by it of a claim submitted by the solicitor F6or the registered organisation.

F74

In subsection (3), the reference to an amount payable by the client does not include an amount which it is for the Board to collect (whether under section 11A(3) or any regulations made under section 33ZA(1)).