Orders Against Funded Client and the LSC

Although the intention of s11(1) of the Access to Justice Act was in part to reproduce protection contained in s17 of the Legal Aid Act 1988 (costs orders against an individual in relation to any proceedings funded for him shall not exceed the amount which is a reasonable one for him to pay having regard to all the circumstances), the regulations have been drafted in such a way as to make it very difficult to understand how this provision should work. The LCD lawyers are considering amendments to the regulations which when implemented should make the situation clearer. To cover the period until the regulations are amended separate guidance is being produced, which will be circulated in due course.