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Legal representation
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An application form for those who wish to be represented during the course of this Inquiry is available. Although there are no statutory provisions governing the Robert Hamill Inquiry, which give the Panel powers to order that legal costs should be paid, the Secretary of State has asked the Panel,when they are deciding whether or not a particular party should be represented,also to consider if that party’s costs of legal representation should be met from public funds. The Panel expect that the reasonable taxed costs of parties will be met in cases where they consider that those parties would be prejudiced in seeking representation, were there doubt about funds becoming available. For example, the Panel expect that the costs of Mr Hamill’s family being represented will be borne out of public funds, and they shall, in due course, listen to arguments on the mode of representation. In cases where public funding is granted, it will be conditional on the recipients agreeing to a protocol,yet to be issued - which will cover issues such as
Public funds will be made available only in cases where the Panel consider that legal assistance is necessary and there are no other means by which it might reasonably be financed. Unless there are special circumstances, the Panel does not envisage that the costs of public bodies, commercial concerns, trade unions, staff associations or any other substantial body will be met from public funds. Once the main hearings have begun, the usual practice will be that,apart from questions from the Panel members themselves,witnesses will be questioned only by the counsel to the Inquiry. However, the Chairman may make an exception, if he is satisfied that there are good grounds for doing so. Applications by a representative of an interested party to put questions will be considered, case by case, and will have to be justified. If necessary the Chairman will intervene to ensure that only questions that are relevant to the Inquiry’s terms of reference are asked and to prevent repetition and prolixity. |
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