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13. Legal Aid Review Committee Appeals

13.7. Assigning a matter following a successful appeal to a Legal Aid Review Committee

13.7.1 Private Practitioner matters

Where a private practitioner submitted the original application as well as the appeal to a Legal Aid Review Committee and the appeal is successful, the grant will be assigned to that private practitioner.

Where a private practitioner submitted the original application but the appeal is submitted by a different private practitioner and the appeal is successful, the grant will be assigned to the private practitioner who submitted the appeal.

Where a private practitioner submitted the original application but the appeal is submitted by the appellant directly and the appeal is successful, the grant will be assigned to the private practitioner who submitted the original application.

Note: Different rules may apply for non-panel private practitioners. For further information refer to the Grants Allocation Guidelines.


13.7.2 In-house matters

Where an in-house solicitor submitted the original application as well as the appeal to the Legal Aid Review Committee and the appeal is successful, the grant will be assigned to that in-house solicitor.

Where an in-house solicitor submitted the original application but the appeal is submitted by a private practitioner or the appellant directly and the appeal is successful, the grant will be assigned to the in-house solicitor who submitted the original application.


13.7.3 Table setting out how to assign a matter following a successful appeal

The following table represents the information set out in 13.7.1 and 13.7.2:

Application submitted by:

LARC Appeal submitted by:

Grant assigned to:

Private Practitioner A

Private Practitioner A

Private Practitioner A

Private Practitioner A

Private Practitioner B

Private Practitioner B

Private Practitioner A

Appellant (client)

Private Practitioner A

In-house solicitor A

In-house solicitor A

In-house solicitor A

In-house solicitor A

Private Practitioner A

In-house solicitor A

In-house solicitor A

Appellant (client)

In-house solicitor A

13.7.4 Reassignment of in-house matters when the appeal is from a decision based on merit

When a Legal Aid Review Committee upholds an appeal from a decision made on a ground of merit in relation to an in-house matter, there may be a conflict which prevents an in-house legal practitioner from continuing to act for the legally assisted person. That practitioner must assign the matter to a private legal practitioner.



Date Last Published: 22/12/2016
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