Civil Legal Aid Act, 1995
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Costs recoverable by or on behalf of a person in receipt of legal aid or advice. |
33.—(1) In this section “costs” includes all outlays including solicitors' and witnesses' costs and expenses and barristers' fees. | |
(2) A court or tribunal shall make an order for costs in a matter in which any of the parties is in receipt of legal aid in like manner and to the like effect as the court or tribunal would otherwise make if no party was in receipt of legal aid and all parties had respectively obtained the services of a solicitor or barrister or both, as appropriate, at their own expense. | ||
(3) Subject to subsection (8), an applicant for legal aid or advice shall take all possible steps to ensure that any right he or she possesses to be indemnified either in whole or in part in respect of expenses which would, but for this Act, be required to be incurred by him or her in the matter, will, in respect of expenses incurred by the Board on his or her behalf in the matter and not yet reimbursed to the Board, inure for the benefit of the Fund. | ||
(4) A solicitor of the Board nominated for the purpose or a solicitor engaged by the Board under section 11 to provide legal aid or advice to a person in a matter shall take all necessary steps to recover any costs recoverable by such person whether by order of any court or tribunal or by virtue of any settlement reached to avoid or bring an end to any proceedings or otherwise, and shall pay any costs so recovered into the Fund. | ||
(5) A person in receipt of legal aid or advice under this Act shall not agree with any party not so in receipt to forego any costs or to meet any costs of any such party or to accept any sum in satisfaction of his costs or the costs of the Board in the matter, save with the prior approval of the Board, and the Board may make it a condition of such approval that any or all of its costs shall be paid out of any property or sum recovered by the said person by virtue of the agreement. | ||
(6) The Board shall be entitled to recover the costs incurred by it in providing legal aid or advice and the amount of costs recoverable by the Board under this section shall be such sum as may be determined by the Board having regard to section 34 or, in default of agreement between the person in receipt of the legal aid or advice and the Board, be— | ||
(a) in the case of a person in receipt of legal aid, such sum as may, at the discretion of the court or tribunal concerned, either be— | ||
(i) measured by the court or tribunal in accordance with section 34 , or | ||
(ii) determined by the Taxing Master— | ||
(I) in accordance with the rules (if any) of the court or tribunal concerned, and | ||
(II) in the absence of any such rules, as solicitor or client costs, | ||
and | ||
(b) in the case of a person in receipt of legal advice, such sum as may be determined by the Taxing Master as solicitor and client costs. | ||
(7) Subject to subsection (8), any general damages or any money (including costs) or other property recovered by or preserved for a person in receipt of legal aid or advice in a matter, or on his or her behalf, by the Board, whether by order of any court or tribunal or by virtue of any settlement reached to avoid or bring an end to any proceedings or otherwise, shall, in the case of general damages or money be paid by the person or the Board into the Fund and in the case of other property be made by the person or the Board subject to an appropriate charge in favour of the Fund for the purpose of the recovery by the Board of its costs in providing such legal aid or advice. | ||
(8) The Board— | ||
(a) shall waive any right to any money or other property to which it is entitled under this section, to the extent that such money or other property consists of— | ||
(i) a house or portion thereof (including normal household chattels) being the normal place of residence of the recipient of legal aid or advice concerned, | ||
(ii) a periodical or lump sum payment of maintenance, | ||
(iii) the first £2,500 of any moneys payable by way of arrears of maintenance under an agreement in writing or order of any court, or | ||
(iv) the first £2,500 of any moneys payable by way of arrears or lump sum under the Social Welfare Acts, the Health Acts, 1947 to 1994, the Unfair Dismissals Acts, 1977 to 1993, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, the Employment Equality Act, 1977 , the Anti-Discrimination (Pay) Act, 1974 , or the Redundancy Payments Acts, 1967 to 1991, | ||
and | ||
(b) may, in whole or in part, waive any right to any money or other property to which it is entitled under this section if, in the opinion of the Board, not to do so would be likelyto create hardship for the recipient of legal aid or advice concerned. | ||
(9) The Minister may, with the consent of the Minister for Finance, by order vary the amounts specified in subparagraphs (iii) and (iv) of subsection (8) (a). |