A guide to the UPC and the UP - Flipbook - Page 430
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A contribution to be made by the applicant to costs. 210
20-127 Where the legal aid covers, in whole or in part, the costs of legal assistance and representation,
the order granting legal aid shall designate the representative of the applicant. 211
Duration and Duty to Notify and Withdrawal of Legal Aid
20-128 Legal aid can only be granted for the period from receipt of the application with the Court. 212
20-129 The applicant must inform the Court promptly if there is any change to the applicant’s economic
situation. 213 If there is a change in the applicant’s economic situation that led to legal aid being
granted, the Court can, at its own motion or on reasoned request by the other party, withdraw
all or some of the legal aid granted but only after hearing the applicant.
20-130 In addition, as set out in r.380 RoP, the Court can withdraw legal aid, in whole or in part,
if the applicant has:
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By inaccurately represented the circumstances of the case, misrepresented the
applicant’s prospects of success, which are determinative for the approval of
assistance with Court costs;
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Grossly negligently made false statements as to the applicant’s personal or
economic circumstances;
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Not immediately informed the Court of a considerable improvement to the applicant’s
financial circumstances; or
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Been in arrears for longer than three months with the payment of a monthly instalment or
with the payment of any other amount.
Appeal and Recovery
20-131 An order wholly or partially refusing or withdrawing legal aid must state the reasons on which it
is based and can be appealed to the Court of Appeal. An appeal must be filed with the Court of
Appeal within one month of receiving the order. 214 The applicant may, however, be required to
refund the Court any sums advanced. 215
20-132 If the Court has ordered another party to pay the costs of the applicant for legal aid, that other
party is required to refund the Court any sums advanced by way of legal aid. Where there is a
shortfall between the costs ordered and the sums advanced, the applicant may be required to
meet the shortfall from any damages or compensation ordered by the Court or from any sum
received by way of settlement. 216
210
211
212
213
214
215
216
r.379(5) RoP.
r.379(7) RoP.
r.379(6) RoP.
r.379A RoP.
r.381 RoP.
r.382(2) RoP.
r.382(1) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 420
