A 10
CAP. 91]
Legal Aid Regulations
[1988 Ed.
[Subsidiary]
or discharge and the value of the property subsequently recovered or preserved for the person to whom the certificate was issued in the proceedings, or by virtue of any compromise arrived at in order to bring the proceedings to an end, had been the value of property recovered or preserved for that person in the settlement:
Provided that--
(a) nothing in this paragraph shall apply if the certificate was discharged under regulation 8(3)(b);
(b) if the certificate was discharged under regulation 8(2)(d) because the aided person rejected an offer in settlement and value of the property as subsequently recovered or preserved for him in such proceedings or by virtue of any compromise arrived at in order to bring the proceedings to an end is of an amount greater than the value of the offer, this paragraph shall apply as though the value of such property were the value of the offer. (L.N.326/84)
Legal aid after commencement of proceedings
10. (1) Where, after proceedings have been instituted in any court or the Privy Council, any party becomes an aided person in regard to those proceedings, the Director shall only be liable to pay so much of the costs of the proceedings as are incurred while a certificate is in force: (L.N. 89/82)
Provided that where legal aid has been granted under the Supplementary Legal Aid Scheme this paragraph shall apply only to proceedings instituted in the High Court or the Court of Appeal. (L.N. 326/84)
(2) Any solicitor who has acted in the proceedings on behalf of the aided person before the date of the certificate, and any solicitor who has by law a lien on any documents necessary for the proceedings to which the certificate relates and who has delivered them up subject to his lien, may give notice of the fact to the Director.
(3) If damages or costs are recovered for the aided person in the proceedings, the Director shall pay to such solicitor out of the sum so recovered the costs to which he would have been entitled on a taxation between solicitor and own client:
Provided that in any case where legal aid was granted under section 5 of the Ordinance and where the sums so recovered are insufficient to pay these costs in full in accordance with this paragraph and also to meet the net liability of the Director on the aided person's account the sum recovered in the proceedings shall be divided between the Director and the solicitor in proportion to the amount owing to each, and the first charge for the benefit of the Director imposed by virtue of the Ordinance on property recovered or preserved in the proceedings shall take effect accordingly. (L.N. 326/84)
(4) In any case where there has been no order for taxation, the amount of the costs shall be fixed by the Director.
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Page 11
A 10
CAP. 91]
Legal Aid Regulations
[1988 Ed.
[Subsidiary]
or discharge and the value of the property subsequently recovered or pre- served for the person to whom the certificate was issued in the proceedings, or by virtue of any compromise arrived at in order to bring the proceedings to an end, had been the value of property recovered or preserved for that person in the settlement:
Provided that--
(a) nothing in this paragraph shall apply if the certificate was discharged
under regulation 8(3)(b);
(b) if the certificate was discharged under regulation 8(2)(d) because the aided person rejected an offer in settlement and value of the property as subsequently recovered or preserved for him in such proceedings or by virtue of any compromise arrived at in order to bring the proceedings to an end is of an amount greater than the value of the offer, this paragraph shall apply as though the value of such property were the value of the offer. (L.N.326/84)
Legal aid after commencement of proceedings
10. (1) Where, after proceedings have been instituted in any court or the Privy Council, any party becomes an aided person in regard to those pro- ceedings, the Director shall only be liable to pay so much of the costs of the proceedings as are incurred while a certificate is in force: (L.N. 89/82)
Provided that where legal aid has been granted under the Supplementary Legal Aid Scheme this paragraph shall apply only to proceedings instituted in the High Court or the Court of Appeal. (L.N. 326/84)
(2) Any solicitor who has acted in the proceedings on behalf of the aided person before the date of the certificate, and any solicitor who has by law a lien on any documents necessary for the proceedings to which the certificate relates and who has delivered them up subject to his lien, may give notice of the fact to the Director.
(3) If damages or costs are recovered for the aided person in the pro- ceedings, the Director shall pay to such solicitor out of the sum so recovered the costs to which he would have been entitled on a taxation between solicitor and own client:
Provided that in any case where legal aid was granted under section 5 of the Ordinance and where the sums so recovered are insufficient to pay these costs in full in accordance with this paragraph and also to meet the net liability of the Director on the aided person's account the sum recovered in the proceedings shall be divided between the Director and the solicitor in proportion to the amount owing to each, and the first charge for the benefit of the Director imposed by virtue of the Ordinance on property recovered or preserved in the proceedings shall take effect accordingly. (L.N. 326(84)
(4) In any case where there has been no order for taxation, the amount of the costs shall be fixed by the Director.
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