Commentary Schedule 2: Criminal legal aid: motor vehicle orders Section 26: Costs in civil proceedings
190.Section 26 relates to costs in civil proceedings where a party is legally-aided and substantially reproduces provisions currently found in section 11 of the Access to Justice Act 1999.
191.Subsection (1) limits the costs that can be awarded against an individual receiving civil legal aid to the amount (if any) that is reasonable given the financial resources of both parties and their conduct during the case.
192.Subsection (3) provides that this protection may be disapplied by regulations.
193.Subject to the restriction in subsection (1), regulations may be made under this section about costs in proceedings where an individual is in receipt of civil legal aid. Such regulations may, among other things, specify the principles that are to be applied in determining the amount of any costs awarded for or against a party receiving civil legal aid, limit the circumstances in which a costs order may be enforced against the individual receiving civil legal aid and make provision about when a court can require the Lord Chancellor to pay any costs incurred by the opponent of the legally-aided party (subsections (5) and (6)). Subsections (7) and (8) make provision in identical terms to section 21(3) and (4), explained at paragraph 168 above.