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Legal Aid (Scotland) Act 1986
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Legal Aid (Scotland) Act 1986, Section 39 is up to date with all changes known to be in force on or before 17 November 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.
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39 Adaptation of rights to indemnity.S
(1)This section shall have effect in relation to any right (however and whenever created or arising) which a person may have to be indemnified against expenses incurred by him in connection with any proceedings.
(2)In determining in respect of any such right the reasonableness of any expenses, the possibility of avoiding them or part of them by taking advantage of the provisions of this Act shall be disregarded.
(3)Where a person, having any such right to be indemnified against expenses, receives legal aid in connection with the proceedings, then the right shall enure also for the benefit of the Fund as if the expenses incurred by the Fund on his behalf in connection with the proceedings had been incurred by him.
(4)Where—
(a)such a right to be indemnified against expenses arises by virtue of an agreement and is subject to any express provision conferring on those liable under the agreement any right with respect to the bringing or conduct of the proceedings; and
(b)those liable have been given a reasonable opportunity of exercising the right so conferred and have not availed themselves of that opportunity,
the right to be indemnified shall be treated, for the purposes of subsection (3) above, as not being subject to that provision.
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