The Gazette 1994

AUGUST/SEPTEMBER

1994

GAZETTE

arbitrator shall determine. Costs shall not be awarded to any party.

the question of whether a particular case should attract an enhanced fee:-

disagreeing with the decision of the Department in relation to whether an enhanced fee should be paid, the solicitor shall ask to have the matter referred to arbitration by notice in writing to the Department of Justice. In determining whether an enhanced fee should be paid, the following factors shall be regarded by the arbitrator as having relevance to the question of whether a particular case should attract an enhanced fee, viz

(i)

Comp l e x i ty of legal argument.

6 .3 Ev e ry effort shall be made by the Department of Justice and the L aw Society to agree on the nomination of a person to arbitrate on all such references. If agreement on the nomination of an arbitrator is not reached within 2 8 days of the request for arbitration, an arbitrator shall be nominated by the President of the Chartered Institute of Arbitrators. 6 . 4 Pending such negotiations or arbitration, the solicitor nominated shall conduct the defence.

(ii)

Comp l e x i ty of scientific and other technical evidence.

(iii) (iv)

Comp l e x i ty of facts.

Projected length of trial.

( v)

Number of charges preferred.

(vi) Number of separately represented accused. (vii) Extent of time spent in the

District Court in respect of cases where the Director of Public Prosecutions calls depositions.

(a) the number and weight of the factors as set out in paragraph

4 which are present in the case under consideration,

(viii) Other special factors.

5.

The factors specified in paragraph 4 are to be used as guidelines only and the presence of one or more of the factors will not automatically entitle a solicitor to an enhanced fee.

(b) the standard case fee, and

Signed: (On behalf of the Minister for Justice)

( c ) the degree, if any, by which the particular case varies from a standard case.

Signed: (On behalf of the L aw So c i e t y)

6 . 2 The arbitrator's fee shall be borne by such parly or parties as the

•

6.1 In the event of a solicitor

T U R KS A ND C A I COS I S L ANDS A ND T HE I SLE OF M AN Samuel McCleery

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At torney - at - Law and Solicitor of PO Box 127 in Grand Turk,Turks and Caicos Islands, British West Indies and at P. O. Box 7, Ca s t l e t own, Isle of Man will be p l eased to accept instructions generally from Irish Solicitors in the formation and a dm i n i s t r a t i on of E x e m p t T u r ks a nd C a i c os I s l a nd C o m p a n i es a nd N on - Res i dent Isle of Man Compan i e s, Trust Administration Asset Protection. G.T Office;- Tel: 001 8 09 9 46 2 8 18 Fax: 001 8 09 9 46 2 8 19 LOM.Office:- Tel: 00 44 6 24 8 2 2 2 10 Te l ex : 6 2 8 2 85 S amd an G Fax: 00 44 6 24 8 2 3 7 99

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