The Civil Legal Aid (General) (Amendment) Regulations 1994

Explanatory Note

(This note is not part of the Order)

These Regulations amend the Civil Legal Aid (General) (Regulations) 1989 to take account of the Legal Aid in Civil Proceedings (Remuneration) Regulations 1994 which come into force at the same time as these Regulations. The principal changes are as follows.

(1) The amendments to regulation 91 incorporate provisions relevant where the assisted person’s solicitor wishes to take proceedings for the recovery of costs to which regulation 107B refers.

(2) The amendments to regulations 100 and 101 provide that payments on account shall be claimed at the prescribed rate in proceedings to which either the Legal Aid in Civil Proceedings (Remuneration) Regulations 1994 or the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 apply.

(3) Regulation 106A provides that where the assisted person’s inter partes costs (costs payable by another party) are agreed and paid, the only costs which will be taxed or assessed will be the legal aid only costs.

(4) Regulation 107A specifies the circumstances in which the costs of representing an assisted person will be paid to his legal representatives at prescribed rates. This will occur where the legal aid fund will (for example, in relation to legal aid only costs), or may (if inter partes costs are not recovered) have to bear those costs.

(5) The basis of taxation under regulation 107A is the standard basis subject to the Legal Aid in Civil Proceedings (Remuneration) Regulations 1994 or the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 in proceedings to which those Regulations apply.

(6) Regulation 107B enables the assisted person’s solicitor to recover certain costs in addition to the costs determined at prescribed rates from the party against whom an order for inter partes costs has been made.