PART 3COSTS IN FAVOUR OF AN ASSISTED PARTY

Amount of costs under client’s costs order or client’s costs agreement13

1

Subject to the following paragraphs of this regulation, the amount of the costs to be paid under a client’s costs order or client’s costs agreement shall, subject to regulation 14, be determined on the same basis as it would be if the costs were to be paid to a person who had not received funded services.

2

Subject to paragraph (3), the amount of the awarded sum shall not be limited to the amount of the funded sum by any rule of law which limits the costs recoverable by a party to proceedings to the amount they are liable to pay to their legal representatives.

3

Paragraph (2) applies only to the extent that the Department has authorised the supplier under Article 34(2)(b) of the Order to take payment for the relevant work other than that funded by the Department.

Costs of serving notices and other documents14

The amount of costs to be paid under a client’s costs order or client’s costs agreement may include costs incurred in filing with the court, or serving on any other party to proceedings, notices or any other documents in accordance with these Regulations, the General Regulations or the Financial Regulations.