1989 Ed.]
Legal Aid
[CAP. 91
29
(a) the sums paid or payable on his account out of the Fund;
the costs incurred on his behalf; and
(c)
such percentage as may be prescribed of the value of any property (wherever situate) recovered or preserved for the aided person in such proceedings whether on his own behalf or on behalf of another,
and there shall be deducted from the amount of the contribution any sums recovered under an order or agreement for costs and such other sums as may be prescribed.
(2) No contribution payable under this section shall exceed the value of the property recovered or preserved for the aided person in the proceedings.
(3) The Director may by notice in writing to the aided person waive, either in whole or in part, his rights to a contribution under this section where he is satisfied that it would cause serious hardship to any person to rely on such rights and it is in all the circumstances just and equitable to do so.
(4) Nothing in subsection (1) or (2) shall prevent the recovery from a formerly aided person, in such manner and amount as may be prescribed, of the costs and expenses of legal aid under the Supplementary Legal Aid Scheme incurred prior to the revocation or discharge of his legal aid certificate upon such revocation or discharge whether or not such person continues the proceedings and whether or not the proceedings are successful.
(5) For the purposes of this section proceedings shall be deemed to be successful where property is recovered or preserved for the aided person either under a court order or under a compromise arrived at to avoid or bring to an end the proceedings.
(6) References in this section to the property recovered or preserved for the aided person in the proceedings shall be construed in accordance with section 18A(3).
33. Appeals and powers of the Director
(1) Where a person who has been granted legal aid under the Supplementary Legal Aid Scheme-
(a) fails, whether in whole or in part, in proceedings brought by him with the assistance of such legal aid, the Director may appeal against any judgment or order of the court in which the proceedings were brought;
(b) succeeds, whether in whole or in part, in such proceedings and fails to defend any appeal brought by any other person, the Director may himself oppose such appeal.
(2) Where the Director exercises his powers under subsection (1) he shall have all the rights and privileges which the aided person would have had had he brought or opposed the appeal, including the right to settle the proceedings by means of a compromise arrived at with another party to the proceedings.
Page 30
Page 31
30
CAP. 91]