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Orders for costs against Commission—Litigation Support

6.—(1) Paragraph (2) applies where:

(a)the client receives Litigation Support and the certificate is not revoked;

(b)the client has effected insurance against liability in respect of costs in the proceedings, or has made other arrangements, approved by the Commission as being equivalent to such insurance;

(c)the amount of liability insured under that insurance (or covered by those other arrangements) is subject to a maximum which has been approved by the Commission; and

(d)a costs order has been made against the client in favour of a non-funded party and the actual amount of the client’s liability in respect of costs under that costs order exceeds the maximum referred to in sub-paragraph (c).

(2) Where this paragraph applies, the amount of the excess referred to in paragraph (1)(d) shall, subject to paragraph (3), be paid by the Commission, not by the client, and the court shall order accordingly.

(3) The amount of the Commission’s liability under this regulation shall not exceed the reasonable costs of the non-funded party incurred during the period in which Litigation Support was provided.