When considering making an order that an assisted person make a contribution to costs, the task of the court is set out in s 17: it is to decide the assisted parties’ liability for costs. Those costs must not exceed that which it is reasonable for the party to pay in all the circumstance. All the circumstances have to be taken into account, including the financial resources of both parties taking into account regulation 126. The court should consider the parties’ disposable income and disposable capital excluding the assets referred to in the regulations.
Judges:
Aldous LJ, Phillips LJ
Citations:
[1997] 1 All ER 104
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Fowler De Pledge (A Firm) v Smith CA 20-May-2003
The appellant sought two permissions to appeal. Having at one stage been legally aided in proceedings, a claim for his solicitors costs had been compromised. The court records were imperfect. It was not clear whether a circuit judge sitting as a . .
Lists of cited by and citing cases may be incomplete.
Legal Aid
Updated: 12 May 2022; Ref: scu.182739