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 [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 [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 in s. 11 substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 63(4); S.I.1991/608, art. 2, Sch.