Act of Sederunt (Civil Legal Aid Rules) 1987

Provisions as to expenses in relation to assisted persons

4.—(1) Before making an award of expenses against an assisted person, a court may, for the purpose of determining in accordance with section 18(2) of the Act the amount of such award–

(a) require the Board to lodge in process a copy of the application for civil legal aid made by that person, any information obtained by the Board and the determination of the Board so far as relating to the financial eligibility of that person for civil legal aid;

(b) require a party to the cause in whose favour an award of expenses may be made to furnish for the consideration of the court such particulars with respect to his means as the court may direct; and

(c) require from the parties to the cause such further particulars as to their respective means as the court may consider necessary.

(2) Where–

(a) civil legal aid has been made available to a party in the cause in whose favour an award of expenses may be made as well as to a party against whom an award of expenses may be made; and

(b) the Board has an interest in the amount of expenses awarded to such other person,

the Board may appear and be represented in order to make representations to the court as to the amount of the award of expenses to be made against the assisted person.

(3) An application made under section 20(4) of the Act for the re-assessment of the amount of an award of expenses made against an assisted person shall be made by minute lodged in the original process; and in such an application the court may apply the procedure prescribed in paragraph (1).

(4) The court may dispose of a matter under paragraph (1) or (3) in chambers or, in the event of a hearing being required, may direct that such hearing shall be in private.

(5) Where a general award of expenses is made in respect of a cause consisting of more than one distinct proceedings within the meaning of regulation 4 of the Regulations and the person in whose favour or against whom the award is made has received civil legal aid in connection with one or more of those proceedings, the auditor of the court by which the award was made shall, on the direction of that court, apportion between those proceedings the amount recovered or recoverable by virtue of the award.

(6) Where expenses have been incurred on behalf of an assisted person in connection with any cause, the court may remit it to the auditor for taxation.