Costs and Public Funding (Legal Aid)

Posted by Rory Miln on Monday, August 31, 2009 Under: definitions

An order for costs (see 10th August) can be made against a party regardless of whether they are privately funded (i.e. paying their own legal costs) or in receipt of Public Funding. However if a judge makes an order for costs against a party in receipt of Public Funding the judge must then go on to decide how much of the costs the party is actually to pay.

They are two separate exercises: first, should either party be ordered to pay any of the other party's costs? secondly, if a party is ordered to pay costs and that party is in receipt of Public Funding, how much can they actually afford to pay?

The second exercise does not take place if the party who has been ordered to pay costs is privately funded.

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Rory Miln

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Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. Sometimes I comment on a topical legal issue. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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About Miln MacLeod

Rory Miln

Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page