Subject to paragraphs (2) to (4), the amount of costs to be paid under a legally aided party’s costs order or costs agreement must be determined as if that party were not legally aided.
Paragraph (3) applies only to the extent that the Lord Chancellor has authorised the provider under section 28(2)(b) of the Act to take payment for the civil legal services provided in the relevant proceedings other than payment made in accordance with the arrangements.
Where this paragraph applies, the amount of costs to be paid under a legally aided party’s costs order or costs agreement is not limited, by any rule of law which limits the costs recoverable by a party to proceedings to the amount the party is liable to pay their representatives, to the amount payable to the provider in accordance with the arrangements.
The amount of costs to be paid under a legally aided party’s costs order or costs agreement may include costs incurred in filing with the court, or serving on any other party to proceedings, a notice or any other document in accordance with regulations made under section 12 of the Act.