Arranging for money recovered be paid into the Legal Aid Fund
All awards/settlement monies received which are to be paid to the client must first be paid into the Legal Aid fund. This is a requirement of the Civil Legal Aid Act. It will stay there until we decide how much is to be deducted and refund the difference. The client will be presented with the bill of costs and the amount we are going to retain.
If for any reason, money recovered or awarded to the client is not lodged to the Fund, you should take all necessary precautions to ensure that we recover our costs. If we are not successful in recovering its costs in such cases, you should liaise with Legal Services on the possibility of issuing debt proceedings for the amount in question.
Where the Court has ordered costs
In proceedings, other than family law proceedings, in which:-
- Money or property is recovered by or preserved for or on behalf of a legally aided person; and
- costs will not or are unlikely to be recovered from the other party;
- you should, where appropriate, seek the following:-
- an order that such monies be paid directly into the legal aid fund; and
- liberty to apply to the court in relation to the issue of solicitor/client costs for the purpose of Order 99 of the Rules of the Superior Courts.