Access to Justice (Northern Ireland) Order 2003

Costs orders against assisted partiesN.I.

18.—(1) Except in prescribed circumstances, costs ordered against an individual in relation to any proceedings or part of proceedings funded for him shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances, including—

(a)the financial resources of all parties to the proceedings, and

(b)their conduct in connection with the dispute to which the proceedings relate;

and for this purpose proceedings, or a part of proceedings, are funded for an individual if civil legal services relating to the proceedings or part are funded for him by the [F1Department] .

(2) In assessing for the purposes of paragraph (1) the financial resources of an individual for whom civil legal services are funded by the [F1Department] , his clothes and household furniture and the tools and implements of his trade shall not be taken into account, except so far as may be prescribed.

F1Word in art. 18 substituted (18.11.2014) by Legal Aid and Coroners‘ Courts Act (Northern Ireland) 2014 (c. 11), s. 12(2)(d)(ii), Sch. 2 para. 6(19) (with ss. 2(3), 9, Sch. 1 para. 3(3)) (but this amendment cannot take effect until the commencement of S.I. 2003/435, art. 18)

Commencement Information

I1Art. 18 in operation at 1.4.2015 by S.R. 2015/194, art. 2, Sch. (with art. 3)