Legal Aid Act 1988

10 Financial limit on prospective cost of advice or assistance.E+W

(1)Where at any time (whether before or after the advice or assistance has begun to be given) it appears to a [F1solicitor][F1legal representative]that the cost of giving advice or assistance to a person under this Part is likely to exceed the prescribed limit—

(a)the [F1solicitor][F1legal representative]shall determine to what extent that advice or assistance can be given without exceeding that limit; and

(b)shall not give it (nor, as the case may be, instruct [F2counsel][F2an additional legal representative]to give it) so as to exceed that limit except with the approval of the Board.

(2)Approval under subsection (1)(b) above may be given with or without limitations and may be amended, withdrawn or revoked.

(3)For the purposes of this section the cost of giving advice or assistance shall be taken to consist of such of the following as are applicable in the circumstances, namely—

(a)any disbursements, that is to say, expenses (including fees payable to [F2counsel][F2an additional legal representative]) which may be incurred by the [F3solicitor or his firm][F3legal representative]in, or in connection with, the giving of the advice or assistance; and

(b)any charges or fees (other than charges for disbursements) which would be properly chargeable by the [F3solicitor or his firm][F3legal representative]in respect of the advice or assistance.

Textual Amendments

F1Words “legal representative ” substituted (prosp.) for “solicitor ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 63(4)

F2Words “an additional legal representative ” substituted (prosp.) for “counsel ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 61(3)

F3Words “legal representative ” substituted (prosp.) for “solicitor or his firm ” by Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 124(3), 125(3), Sch. 18 para. 63(3)(d)

Modifications etc. (not altering text)

C1S. 10(1) excluded by S.I. 1989/340 reg. 4(2)