Q&As

Where a claimant's offer under Part 36 of the Civil Procedure Rules 1998 is rejected by the defendant in proceedings under the Trusts of Land and Appointment of Trustees Act 1996, and the defendant then becomes legally aided, what implications could this have in relation to the final hearing and costs?

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Published on LexisPSL on 30/07/2019

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where a claimant's offer under Part 36 of the Civil Procedure Rules 1998 is rejected by the defendant in proceedings under the Trusts of Land and Appointment of Trustees Act 1996, and the defendant then becomes legally aided, what implications could this have in relation to the final hearing and costs?

Where a claimant's offer under Part 36 of the Civil Procedure Rules 1998 is rejected by the defendant in proceedings under the Trusts of Land and Appointment of Trustees Act 1996, and the defendant then becomes legally aided, what implications could this have in relation to the final hearing and costs?

Where a party is legally aided, qualified costs protection arises. The provisions are now found in section 26 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), supplemented by the Civil Legal Aid (Costs) Regulations 2013, SI 2013/611, but were previously found in similar form in section 11 of the Access to Justice Act 1999 (AJA 1999).

LASPO 2012, s 26 provides that costs ordered against an individual in relevant civil proceedings (which includes proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996)) must not exceed the amount (if any) which it is reasonable for the individual to pay having regard to all of the circumstances, including all parties’ financial resources and conduct within the proceedings. Civil Legal Aid (Costs) Regulations 2013, SI 2013/611, reg 10 also makes provision for costs orders to be made against the Lord Chancellor, but only where the proceedings were

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