Prompt response

I write in response to Michael Fowle's letter on the three-month time limit for submission of civil claims for assessment by the Legal Services Commission (see [2002] Gazette, 21 February, 18).The amendments made to regulation 105 of the Civil Legal Aid (General) Regulations 1989 ensure that the three-month time limit applies when determining the time limits for assessment by the commission.

The intention behind the change was to secure more prompt submission of bills while not depriving practitioners unfairly of costs for work properly carried out.Where proceedings have begun, the three-month period runs as if court practice rule 47.7 applies.

The three-month time limit may be extended for good reason by application to the regional office.

Where good reason is shown, the time limit will be extended and there is no question of any reduction in the bill for lateness.

The commission's guidance accepts implementation work as a good reason for extension.

Court practice rule 47.17 imposes a three-month time limit for submission of civil claims for detailed assessment.

Practitioners were, prior to the amendments to regulation 105, aware of the courts' expectation that bills could reasonably be submitted within three months notwithstanding ongoing discussions with the client, explanation of the client's financial interest, and developments in the case.Court practice rule 47.8 contains the power for the court to disallow all or part of a defaulting party's costs where the paying party has obtained an order for commencement of detailed assessment.

It is only where no application is made by the paying party that the court's sanction for late submission is restricted to disallowing interest on costs.

That does not prevent the court disallowing costs in relation to misconduct under rule 44.14.The commission introduced these rules more than seven months after the amending regulations were in force to give practitioners an opportunity to adjust to the changes.Ruth Symons, senior legal adviser, Legal Services Commission