Funding and Costs of Legal Aid in UK Law

Leading Cases
  • Ridehalgh v Horsefield; Watson v Watson (Wasted Costs Orders)
    • Court of Appeal (Civil Division)
    • 26 Jan 1994

    The expression aptly describes conduct which is vexatious, designed to harass the other side rather than advance the resolution of the case, and it makes no difference that the conduct is the product of excessive zeal and not improper motive. The acid test is whether the conduct permits of a reasonable explanation. If so, the course adopted may be regarded as optimistic and as reflecting on a practitioner's judgment, but it is not unreasonable.

  • Holden & Company v Crown Prosecution Service (No. 2)
    • House of Lords
    • 26 May 1993

    But still more important, in the present context, is the special constitutional convention which jealously safeguards the exclusive control exercised by Parliament over both the levying and the expenditure of the public revenue. It is trite law that nothing less than clear, express and unambiguous language is effective to levy a tax. Scarcely less stringent is the requirement of clear statutory authority for public expenditure.

    I will not multiply examples, but I hope I have said enough to explain why I cannot attribute to the legislature any general willingness to provide the kind of publicly funded safety net which the judiciary would like to see in respect of costs necessarily and properly incurred by a litigant and not otherwise recoverable.

  • Reid Minty v Taylor
    • Court of Appeal (Civil Division)
    • 29 Oct 2001

    If costs are awarded on an indemnity basis, in many cases there will be some implicit expression of disapproval of the way in which the litigation has been conducted, But I do not think that this will necessarily be so in every case.

  • McDonnell v McDonnell
    • Court of Appeal (Civil Division)
    • 12 Apr 1976

    Clearly this is a very important consideration in exercising the court's discretion with regard to costs. It would be wrong, in my judgment, to equate an offer of compromise in proceedings such as these precisely to a payment into court. I see no advantage in the court surrendering its discretion in these matters as it has to all intents and purposes done where a payment into court has been made. A Calderbank offer should influence but not govern the exercise of the discretion.

  • Ottway v Jones
    • Court of Appeal
    • 25 May 1955

    I should like to say (what is indeed obvious) that where a plaintiff in the end fails it must be a very unusual thing to order the successful defendant to pay the costs; and it would only be in exceptional cases that a Judge would think to right to make such an ordered.

  • Re Eastwood, deceased
    • Court of Appeal (Civil Division)
    • 12 Jul 1974

    In our view, the system of direct application of the approach to taxation of an independent solicitor's bill to a case such as this has relative simplicity greatly to recommend it, and it seems to have worked without it being thought for many years to lead to significant injustice in the field of taxation where justice is in any event rough justice, in the sense of being compounded, of much sensible approximation.

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  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... . (3) In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act ... . . (f) making an order as to costs to be paid by the accused to the prosecutor under ... SCH-9.16 . 16 In section 15(3)(c) (funding of Local Safeguarding Children Boards), after "or ......
  • Counter-Terrorism and Security Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... . (2) In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act ... summary jurisdiction in relation to which funding for representation may be provided), after ... to indemnify a support provider against any costs and expenses that the provider reasonably incurs ......
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • UK Non-devolved
    • January 01, 2012
    ...... to make provision about legal aid; to make further provision about funding legal services; to make provision about costs and other amounts awarded in ......
  • Access to Justice Act 1999
    • UK Non-devolved
    • January 01, 1999
    ...... An Act to establish the Legal Services Commission, the Community Legal Service ... provision about immunity from action and costs and indemnities for certain officials exercising ...the order. S-5 . Funding of services. 5 Funding of services. . (1) The ......
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Books & Journal Articles
  • Alternatives to Public Provision: The Role of Legal Expenses Insurance in Broadening Access to Justice: The German Experience
    • Nbr. 30-1, March 2003
    • Journal of Law and Society
    The literature suggests that the main barriers to justice range from a general lack of knowledge about legal rights, and the related prevalent use of technical language within justice systems (whic...
    ...... 4 In Germany the principal barrier is thought to be the problem of funding legal services. 5 Empirical research indicates that the question of ... legal expenses insurance (LEI) is to provide protection against the costs of bringing or defending legal action necessary to resolve a dispute, LEI ......
  • Litigation funding: third-party funders come to the aid of finance directors seeking to reduce the risk of litigation and control the costs.
    • Nbr. 2012, February 2012
    • Financial Management (UK)
    • Spiteri, Mark
    • Technical notes
    ......, insurance and banking sectors are well-publicised examples of litigious industries, and companies in these sectors often have large in-house legal teams and significant budgets dedicated towards the pursuit (and defence) of litigation. Claim sizes often run into tens of millions, and in some ......
  • The State of Australian Legal Aid
    • Nbr. 29-1, March 2001
    • Federal Law Review
    ...... legal aid system ha s focussed on the declining levels of funding and the consequent impact of this reduc ed funding. Little attention has ..., legal processes and referral to other community agencies for the costs of a local call anywhere within Queensland. The Call Centre training ......
  • The Green Papers and Legal Services
    • Nbr. 52-4, July 1989
    • The Modern Law Review
    ...... rights will make little practical difference to divorce costs but the private litigant is particularly sensitive to the cost of ... The CPS shares with legal aid a dependence on Govern- ment funding. In 1987-8 the CPS spent a total of E141m, of which f52m ......
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Law Firm Commentaries
  • Costs: Claimant Penalised For Change From Legal Aid Funding to CFA
    • Mondaq UK
  • Legal Aid for EU Residents
    • Mondaq United Kingdom
    ...... justice where their financial resources are inadequate to cover the costs of litigation, and includes at least the services of a lawyer and the cost ... . The draft provides that where alternatives to private funding exist, such as 'no-win no-fee' arrangements, legal aid applicants will be ......
  • 'It's Legal Aid, Jim, But Not As We Know It.'
    • Mondaq United Kingdom
    ...... of some sort for those unable to meet from their own pocket the costs of representation, once the impact of the proposed changes has been felt. ... of new staff is not a given in an environment where bank funding is still scarce. Even my firm, Britain's biggest provider of legal aid ......
  • Litigation Funding And Access To Justice
    • Mondaq UK
    ...... demonstrate that between 2005 and 2018, government expenditure on legal aid, corrected for inflation, fell from approximately £2.6 billion to ... The costs of litigation funding have been falling steadily as it matures as a ......
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