If a trial is adjourned to another date, am I then entitled to the second day payment prescribed in paragraph 4 of Schedule 1?
It depends on the circumstances. In terms of paragraph 1, Schedule 1, the core fixed payment covers all work up to and including the first 30 minutes of conducting any trial. Once the trial commences, and the trial is adjourned within the first 30 minutes, the balance of the 30 minutes requires to be completed before any payment other than the core fixed payment can apply. Accordingly, in this situation the core fixed payment would continue to apply for attendance at the adjourned diet with the fixed payment prescribed by paragraph 3, Schedule 1 (the first day) only being triggered by the eventual expiry of the initial 30 minute period. A trial which is adjourned after 30 minutes on the first day will immediately attract the first day payment and the solicitor will be entitled to remuneration in terms of paragraph 4 (the second day) on the adjourned date.
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