Regulation 13: Assessment of resources

The Civil Legal Aid (Costs) Regulations 2013 · S.I. 2013/611View on legislation.gov.uk

Part 3: COSTS ORDERS AGAINST A LEGALLY AIDED PARTY AND THE LORD CHANCELLOR

The first £100,000 of the value of the legally aided party’s interest in the main or only dwelling in which the legally aided party resides must not be taken into account in having regard to that party’s resources for the purposes of section 26(1) of the Act.

In having regard to the legally aided party’s resources for the purposes of section 26(1) of the Act, the court may not take into account the legally aided party’s clothes or household furniture, or the implements of that party’s trade, unless, and if so only to the extent that, the court considers the circumstances of the case are exceptional, having regard in particular to the quantity or value of the items concerned.

Subject to paragraph (4), in having regard to the resources of a party to the proceedings for the purposes of section 26(1) of the Act, the resources of the party’s partner are to be treated as the resources of the party to the proceedings.

The resources of a party’s partner are not to be treated as that party’s resources if the partner has a contrary interest in the proceedings.

For the purposes of section 26(1) of the Act, where a party is acting in a representative, fiduciary or official capacity, the court—

subject to sub-paragraph (c), must not take the personal resources of the party acting in such a capacity into account;
must have regard to the value of any property or estate, or the amount of any fund, out of which that party is entitled to be indemnified; and
may also have regard to the resources of any person who has a beneficial interest in that property, estate or fund, including, if applicable, that party.

For the purposes of section 26(1) of the Act, where a party is acting as a litigation friend to a legally aided party, the court must not take the personal resources of the litigation friend into account in assessing the resources of the legally aided party.

This regulation does not apply in respect of a legally aided party who is a legal person.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.