The Legal Aid Board is entitled to a charge over property which is ‘recovered or preserved’ in proceedings in which the party is legally aided. Nevertheless, the charge could not be applied to property merely because it had been included within assets dealt with by a consent order. The property over which a charge is sought must have been in issue within the proceedings, or was substituted for such property.
Citations:
Times 24-Apr-2000
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Hanlon v The Law Society HL 1981
The House considered the impact of the statutory charge under the 1974 Act in matrimonial proceedings.
Held: The costs in respect of which the statutory charge bit were the costs of the whole divorce proceedings and not just the financial . .
Lists of cited by and citing cases may be incomplete.
Legal Aid
Updated: 05 May 2022; Ref: scu.83828