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 January 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 October 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.

  • Re Eastwood, deceased
    • Court of Appeal (Civil Division)
    • 12 July 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.

  • 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.

  • McDonnell v McDonnell
    • Court of Appeal (Civil Division)
    • 12 April 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.

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  • The Civil Procedure (Amendment) Rules 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... under section 58AA(6A) of the Courts and Legal Services Act 1990 2 and having power under ... to the Part, after “CASE” insert “AND COSTS”; ... (b) in the Table of Contents of the ... has entered into a pre-commencement funding arrangement (as defined in rule 48.2) ... ...
  • Domestic Abuse Act 2021
    • UK Non-devolved
    • January 01, 2021
    ... ... 2021/1038, reg. 3(b) ... 5: Funding ... (1) The Secretary of State may make payments ... In section 58A of the Courts and Legal Services Act 1990 (conditional fee agreements: ... of that Act) in family proceedings.(31X) Costs of legal representatives appointed under section ... ...
  • 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 ... surcharge) ;(f) making an order as to costs to be paid by the accused to the prosecutor under ... 2(1)(c) ... (16) In section 15(3) (c) (funding of Local Safeguarding Children Boards) , after ... ...
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... or commercial character;(b) they have legal personality; and(c) they have any of the ... alternative activity-based measure such as costs incurred by the relevant legal person or ... Further and Higher Education Funding CouncilScottish Law CommissionSpecial Health ... ...
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Books & Journal Articles
  • The 'Exceptionality' of Legal Aid: Affordable Access to Justice in Judicial Review
    • No. 6-3, March 2021
    • LSE Law Review
    • Amy Elizabeth Hemsworth
    • University of Oxford, GB
    • 255-277
    This article discusses the role of costs as a limitation on access to judicial review in the UK. Part I assesses the series of financial hurdles to access currently faced by would-be judicial revie...
    ... ... ABSTRACT ... This article discusses the role of costs as a limitation on access to judicial review in the UK. Part I assesses ... at the impact of recent changes to the availability of legal aid funding. Part II argues that affordable access to justice in general is necessary ... ...
  • Alternatives to Public Provision: The Role of Legal Expenses Insurance in Broadening Access to Justice: The German Experience
    • No. 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.
    • No. 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
    • No. 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 ... ...
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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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  • Appeal a visa or immigration decision (within the UK)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Tribunal forms including the form to appeal a visa or immigration decision.
    ... ... returned to you with any costs deducted. You can pay your fee using a payment ... are being provided with Asylum Support Funding by the United Kingdom Border ... Agency under ... 3. You receive Legal Aid ... 4. You are the person (or someone with ... ...
  • Financial statement for a financial order (Matrimonial Causes Act 1973 / Civil Partnership Act 2004) / for financial relief after an overseas divorce etc
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... advice bureau, legal advice centre or law centre. You may be able to ... The court might make an order for costs against you if you do not follow the deadlines ... Public funding ... of your legal costs may be available from ... ...
  • T426)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... Legal advice (on appeals) and legal representation ... To find out more about public funding for legal services, see the Scottish Legal Aid ... action will result in additional costs, which will be ... added to the amount ... ...
  • Appeal a visa decision from outside the UK (non-ECO)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Tribunal forms including the form to appeal a visa or immigration decision.
    ... ... and will be returned to you with any costs deducted. You can pay your fee using a ... • you are in receipt of Legal Aid funding or the fee for the application ... ...
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