Regulation 15: Determination of costs, The Civil Legal Aid (Costs) Regulations 2013

Where the court is considering whether to make a section 26(1) costs order, it must consider whether—

but for cost protection, it would have made a costs order against the legally aided party; and

if so, whether, on making the costs order, it would have specified the amount to be paid under that order.

If the court considers that it would have made a costs order against the legally aided party, but that it would not have specified the amount to be paid under it, the court must, when making the section 26(1) costs order—

specify the amount (if any) that the legally aided party is to pay under that order if—

it considers that it has sufficient information before it to decide what amount is, in that case, a reasonable amount for the legally aided party to pay, in accordance with section 26(1) of the Act; and

it is satisfied that, if it were to determine the full costs at that time, they would exceed the amount referred to in (i) above; or

not otherwise specify the amount that the legally aided party is to pay under that order.

If the court considers that it would have made a costs order against the legally aided party, and that it would have specified the amount to be paid under it, the court must, when making the section 26(1) costs order—

specify the amount (if any) that the legally aided party is to pay under that order if it considers that it has sufficient information before it to decide what amount is, in that case, a reasonable amount for the legally aided party to pay, in accordance with section 26(1) of the Act; or

not otherwise specify the amount the legally aided party is to pay under that order.

Any order made under paragraph (3) must state the amount of the full costs.

Regulation 16 applies to the determination of—

the amount (if any) to be paid by the legally aided party where paragraph (2)(b) or paragraph (3)(b) applies; and

any application for a costs order against the Lord Chancellor.

Where a determination under regulation 16 follows an order to which paragraph (2)(b) applies, the amount of the full costs must also be assessed.

Where the court makes a section 26(1) costs order that does not specify the amount which the legally aided party is to pay under it, it may also make findings of fact (as to the parties’ conduct in connection with the dispute to which the proceedings relate or otherwise) relevant to the determination of that amount, and those findings must be taken into consideration in that determination.

Regulation 15: Determination of costs

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