Regulation 19: Variation and late determination of amount of costs, The Civil Legal Aid (Costs) Regulations 2013

This regulation applies where the court makes a section 26(1) costs order.

Where the amount (if any) which the legally aided party is required to pay under the section 26(1) costs order, together with the amount which the Lord Chancellor is required to pay under any costs order against the Lord Chancellor, is less than the full costs, the receiving party may, on the ground set out in paragraph (4)(a), apply to the court for an order varying the amount which the legally aided party is required to pay under the section 26(1) costs order.

The receiving party may, on any of the grounds set out in paragraph (4), apply for a determination of the amount that the legally aided party is required to pay where—

the receiving party has not, within the time limit in regulation 16(2), applied to have that amount determined in accordance with regulation 16; and

the court has not specified the amount to be paid under the section 26(1) costs order.

The grounds referred to in paragraphs (2) and (3) are that—

there has been a significant change in the legally aided party’s circumstances since the date of the order;

material additional information as to the legally aided party’s resources is available, and that information could not with reasonable diligence have been obtained by the receiving party in time to make an application in accordance with regulation 16; or

there is a good reason for the receiving party’s delay in making the request within the time limit under regulation 16(2).

Any application under paragraph (2) or (3) must be made by the receiving party within six years from the date on which the section 26(1) costs order is first made.

On any application under paragraph (2), the amount that the legally aided party is required to pay under the section 26(1) costs order may be varied as the court thinks fit, but the amount of costs ordered (excluding any costs ordered to be paid under paragraph (9)) must not exceed the amount of the full costs.

When the amount which the legally aided party is required to pay under the section 26(1) costs order has been determined under regulation 15(2)(a), and the receiving party applies under paragraph (2) for an order varying that amount—

the receiving party must file with the application under paragraph (2) that party’s bill of costs, which must comply with any requirements of relevant rules of court relating to the form and content of a bill of costs where the court is assessing a party’s costs; and

the court must, when determining the application, assess the full costs.

Where civil legal services have been provided to the receiving party in relation to the proceedings, the Lord Chancellor may make an application under paragraph (2) or (3), and—

when making the application the Lord Chancellor must file with the court a statement of the receiving party’s costs or, if those costs have not been assessed, the receiving party’s bill of costs; and

paragraphs (4) and (5) apply to that application as if “the Lord Chancellor” were substituted for “the receiving party” in those paragraphs.

The amount of costs to be determined under this regulation may include the costs incurred in relation to an application made under this regulation.

Regulation 19: Variation and late determination of amount of costs

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