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Legal Aid (Scotland) Act 1986

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This is the original version (as it was originally enacted).

18Expenses of unassisted party

(1)This section and section 19 of this Act apply to proceedings to which a legally assisted person is party and which are finally decided in favour of an unassisted person.

(2)The liability of a legally assisted person under an award of expenses in proceedings to which this section applies shall not exceed the amount (if any) which in the opinion of the court or tribunal making the award is a reasonable one for him to pay, having regard to all the circumstances including the means of all the parties and their conduct in connection with the dispute.

(3)None of the following, namely a legally assisted person's house, wearing apparel, household furniture and the tools and implements of his trade or profession shall—

(a)be taken into account in assessing his means for the purposes of subsection (2) above ; or

(b)be subject to diligence or any corresponding process in any part of the United Kingdom in connection with any award of expenses in proceedings to which this section applies,

except insofar as regulations made under this section may prescribe.

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