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Legal Aid Act 1988

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Changes over time for: Section 11

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Version Superseded: 01/04/1991

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Status:

Point in time view as at 01/02/1991. This version of this provision has been superseded. Help about Status

Changes to legislation:

Legal Aid Act 1988, Section 11 is up to date with all changes known to be in force on or before 08 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

11 Payment for advice or assistance otherwise than through legally assisted person’s contribution.E+W

(1)This section applies to any charges or fees which, apart from section 9, would be properly chargeable in respect of advice or assistance given under this Part, in so far as those charges or fees are not payable by the legally assisted person in accordance with that section.

(2)Except in so far as regulations otherwise provide, charges or fees to which this section applies shall constitute a first charge for the benefit of the [F1solicitor][F1legal representative]

(a)on any costs which are payable to the legally assisted person by any other person in respect of the matter in connection with which the advice or assistance is given, and

(b)on any property which is recovered or preserved for the legally assisted person in connection with that matter.

(3)In so far as the charge created by subsection (2) above in respect of any charges or fees to which this section applies is insufficient to meet them, the deficiency shall, subject to subsection (5) below, be payable to the [F1solicitor][F1legal representative]by the Board.

(4)For the purposes of subsection (2) above, it is immaterial, in the case of costs, whether the costs are payable by virtue of a judgment, order of a court or otherwise and, in the case of property, what its nature is and where it is situated and the property within the charge includes the legally assisted person’s rights under any compromise or settlement arrived at to avoid proceedings or bring them to an end.

(5)For the purpose of determining what charges or fees would be properly chargeable, and whether there is a deficiency to be paid by the Board, charges or fees in respect of advice or assistance under this Part shall, in prescribed circumstances, be determined in such manner as may be prescribed.

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)

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