sec.36Legal Aid’s entitlement to repayment of costs if legally assisted person recovers property etc.

sec.36 Legal Aid’s entitlement to repayment of costs if legally assisted person recovers property etc.

This section applies if— a person was legally assisted in a matter; and under a judgment, settlement or compromise in a proceeding for the matter, the person’s ownership of or entitlement to property is preserved, or the person is entitled to recover property. Legal Aid may ask the person to pay to Legal Aid, and the person must pay, an amount that is not more than the sum of— the normal professional costs, including solicitor and client costs, of the legal services given to the legally assisted person in the matter; and any disbursements, including barristers’ fees, and out-of-pocket expenses reasonably incurred in giving the services; less the amount that is the money value of contributions made by the person to Legal Aid under a condition of the legal assistance approval. In deciding the amount payable by a legally assisted person under subsection (2) , Legal Aid must have regard to— the market value of the property of which the person’s ownership or entitlement is preserved, or which is actually recovered, because of the judgment, settlement or compromise; and any failure by the legally assisted person to take action to recover property recoverable because of the judgment, settlement or compromise, including a failure to comply with a direction given to the person by Legal Aid under section 37 . s 36 amd 2010 No. 16 s 35 sch (sec.36-ssec.1) This section applies if— a person was legally assisted in a matter; and under a judgment, settlement or compromise in a proceeding for the matter, the person’s ownership of or entitlement to property is preserved, or the person is entitled to recover property. (sec.36-ssec.2) Legal Aid may ask the person to pay to Legal Aid, and the person must pay, an amount that is not more than the sum of— the normal professional costs, including solicitor and client costs, of the legal services given to the legally assisted person in the matter; and any disbursements, including barristers’ fees, and out-of-pocket expenses reasonably incurred in giving the services; less the amount that is the money value of contributions made by the person to Legal Aid under a condition of the legal assistance approval. (sec.36-ssec.3) In deciding the amount payable by a legally assisted person under subsection (2) , Legal Aid must have regard to— the market value of the property of which the person’s ownership or entitlement is preserved, or which is actually recovered, because of the judgment, settlement or compromise; and any failure by the legally assisted person to take action to recover property recoverable because of the judgment, settlement or compromise, including a failure to comply with a direction given to the person by Legal Aid under section 37 .

• (a) a person was legally assisted in a matter; and
• (b) under a judgment, settlement or compromise in a proceeding for the matter, the person’s ownership of or entitlement to property is preserved, or the person is entitled to recover property.