1988 Ed.]
Legal Aid Regulations
[CAP. 91
A 9
[Subsidiary]
(b) the Director or solicitor who has acted in the proceedings shall have the right to recover from that person the difference between the amount paid or payable by the Director and the full amount of the costs of the Director and his solicitor and own client costs as taxed or agreed. (L.N. 326/84)
(5A) The amounts recoverable by the Director under paragraph (5) shall be reduced
(a) by any amount received by him by way of contribution if aid was not
granted under the Supplementary Legal Aid Scheme; or
(b) where it was so granted, by the amount of the fees paid under
regulations 3(3) and 5(7). (L.N. 326/84)
(6) Where a certificate has been discharged and the person to whom the certificate was issued continues to take, defend or be a party to the proceedings to which the certificate related (L.N. 326/84)
(a) the provisions of the Ordinance which relate to sums recovered by virtue of an agreement relating to costs made in favour of an aided person shall apply in so far as the costs were incurred while he was an aided person; and
(b) the provisions of the Ordinance which relate to an aided person's liability by virtue of an order for costs made against him shall apply in so far as the costs were incurred while he was an aided person.
(7) Except in proceedings in relation to an appeal to, or an application for leave to appeal to, the Privy Council, where a notification of the discharge or revocation in the prescribed form is filed in the registry of the court, all proceedings in the litigation shall, unless the court otherwise orders, be stayed for a period of 14 days and during such period time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run. (L.N. 89/82; L.N. 326/84)
(8) The time during which proceedings are stayed by virtue of paragraph (7) may be reduced or extended by order of a judge of the court in which the litigation is pending.
(9) Where a certificate, other than a certificate granted under the Supplementary Legal Aid Scheme, has been discharged the person to whom the certificate was issued shall remain liable for the payment of his maximum contribution, if any, as determined by the Director up to the amount paid or payable by the Director under paragraph (3)(b). (L.N. 326/84)
(10) Where a certificate granted under the Supplementary Legal Aid Scheme is revoked or discharged and the person to whom the certificate was issued continues to take, defend or be a party to the proceedings to which the certificate related and is successful in those proceedings in circumstances where, had the certificate not been revoked or discharged, a contribution would have been payable under section 32 of the Ordinance, he shall be liable to pay, in addition to any amount payable under paragraph (5), a contribution equivalent in amount to the contribution which would have been payable under section 32 of the Ordinance had the proceedings been settled at the time of the revocation
1988 Ed.]
Legal Aid Regulations
[CAP. 91
A 9
[Subsidiary]
(b) the Director or solicitor who has acted in the proceedings shall have the right to recover from that person the difference between the amount paid or payable by the Director and the full amount of the costs of the Director and his solicitor and own client costs as taxed or agreed. (L.N. 326/84)
(5A) The amounts recoverable by the Director under paragraph (5) shall be reduced
(a) by any amount received by him by way of contribution if aid was not
granted under the Supplementary Legal Aid Scheme; or
(b) where it was so granted, by the amount of the fees paid under
regulations 3(3) and 5(7). (L.N. 326/84)
(6) Where a certificate has been discharged and the person to whom the certificate was issued continues to take, defend or be a party to the proceedings to which the certificate related (L.N. 326/84)
(a) the provisions of the Ordinance which relate to sums recovered by virtue of an agreement relating to costs made in favour of an aided person shall apply in so far as the costs were incurred while he was an aided person; and
(b) the provisions of the Ordinance which relate to an aided person's liability by virtue of an order for costs made against him shall apply in so far as the costs were incurred while he was an aided person.
(7) Except in proceedings in relation to an appeal to, or an application for leave to appeal to, the Privy Council, where a notification of the discharge or revocation in the prescribed form is filed in the registry of the court, all proceedings in the litigation shall, unless the court otherwise orders, be stayed for a period of 14 days and during such period time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run. (L.N. 89/82; L.N. 326/84)
(8) The time during which proceedings are stayed by virtue of para- graph (7) may be reduced or extended by order of a judge of the court in which the litigation is pending.
(9) Where a certificate, other than a certificate granted under the Supple- mentary Legal Aid Scheme, has been discharged the person to whom the certificate was issued shall remain liable for the payment of his maximum contribution, if any, as determined by the Director up to the amount paid or payable by the Director under paragraph (3)(b). (L.N.326/84)
(10) Where a certificate granted under the Supplementary Legal Aid Scheme is revoked or discharged and the person to whom the certificate was issued continues to take, defend or be a party to the proceedings to which the certificate related and is successful in those proceedings in circumstances where, had the certificate not been revoked or discharged, a contribution would have been payable under section 32 of the Ordinance, he shall be liable to pay, in addition to any amount payable under paragraph (5), a contribution equivalent in amount to the contribution which would have been payable under section 32 of the Ordinance had the proceedings been settled at the time of the revocation
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