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Northern Irish Court of Appeal dismisses appeal from High Court, and confirms that a solicitor was entitled to payment of legal aid at the rate applicable when the certificate was granted, but holds that a new certificate should be granted on assigning a new solicitor to a case.
Judicial review - appeal from decision of High Court (Treacy J) - decision to quash refusal of legal aid to solicitor - new solicitor took over defence of accused after legal aid assigned - whether 2005 or 2011 rules applied to determination of costs payable - Legal Aid for Crown Court Proceedings (Costs) Rules (NI) 2005 - Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (NI) 2011 - accused granted legal aid certificates in 2010 - legal representatives assigned - change of solicitor in 2011, after introduction of new rules - Article 29 of the Legal Aid, Advice and Assistance (NI) Order 1981 - whether certificate enured for benefit of accused or his legal representatives - rule 3(2) of 2011 rules - continuation of 2005 rules in respect of cases where certificate granted before 13 April 2011 - whether new certificate should have been granted -
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