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Chapter: | 91A
 | Title: | Legal Aid Regulations | Gazette Number: | E.R. 1 of 2013 |
| Regulation: | 9 | Heading: | Effect of discharge and revocation | Version Date: | 25/04/2013 |
(1) Subject to the provisions of this regulation, a person whose certificate is revoked shall be deemed never to have been an aided person in the proceedings to which the certificate related, and a person whose certificate is discharged shall, from the date of discharge, cease to be an aided person in these proceedings.
(2) Upon receipt by him of notice of revocation or discharge of a certificate by the Director or upon revocation or discharge of a certificate by the court, the retainer of any solicitor and counsel acting for the aided person in proceedings to which the certificate relates shall forthwith determine.
(3) Upon determination of proceedings under this regulation-
- (a) the costs of the proceedings to which the certificate related, incurred by or on behalf of the person to whom it was issued, shall, as soon as practicable thereafter, be taxed or, as the case may be, assessed in accordance with the provisions of these regulations;
(b) the Director shall remain liable for the payment of any costs so taxed or assessed.
(5) Where a certificate has been revoked or, where aid was granted under the Supplementary Legal Aid Scheme, discharged, the Director shall have the right to recover from the person to whom the certificate was issued the costs paid or payable under paragraph (3)(b). (L.N. 194 of 1992)
(5A) The amounts recoverable by the Director under paragraph (5) shall be reduced-
- (a) by any amount received by him by way of contribution if aid was not granted under the Supplementary Legal Aid Scheme; or
(b) where aid was granted under the Supplementary Legal Aid Scheme, by the amount of any interim contribution paid under section 32 of the Ordinance and the application fee paid under regulation 3(3). (L.N. 326 of 1984; L.N. 147 of 2000)
- (a) the provisions of the Ordinance which relate to sums recovered by virtue of an agreement relating to costs made in favour of an aided person shall apply in so far as the costs were incurred while he was an aided person; and
(b) the provisions of the Ordinance which relate to an aided person's liability by virtue of an order for costs made against him shall apply in so far as the costs were incurred while he was an aided person.
(7) Where a notification of the discharge or revocation in the form determined by the Director is filed in the registry of the court, all proceedings in the litigation shall, unless the court otherwise orders, be stayed for a period of 14 days and during such period time fixed by or under any law or otherwise for the doing of any act or the taking of any step in the proceedings shall not run. (L.N. 89 of 1982; L.N. 326 of 1984; L.N. 194 of 1992; 79 of 1995 s. 50)
(8) The time during which proceedings are stayed by virtue of paragraph (7) may be reduced or extended by order of a judge of the court in which the litigation is pending.
(9) Where a certificate, other than a certificate granted under the Supplementary Legal Aid Scheme, has been discharged the person to whom the certificate was issued shall remain liable for the payment of his maximum contribution, if any, as determined by the Director up to the amount paid or payable by the Director under paragraph (3)(b). (L.N. 326 of 1984)
(10) Where a certificate granted under the Supplementary Legal Aid Scheme is revoked or discharged and the person to whom the certificate was issued continues to take, defend or be a party to the proceedings to which the certificate related and is successful in those proceedings in circumstances where, had the certificate not been revoked or discharged, a contribution would have been payable under section 32 of the Ordinance, he shall be liable to pay, in addition to any amount payable under paragraph (5), a contribution equivalent in amount to the contribution which would have been payable under section 32 of the Ordinance had the proceedings been settled at the time of the revocation or discharge and the value of the property subsequently recovered or preserved for the person to whom the certificate was issued in the proceedings, or by virtue of any compromise arrived at in order to bring the proceedings to an end, had been the value of property recovered or preserved for that person in the settlement:
Provided that-
- (a) nothing in this paragraph shall apply if the certificate was discharged under regulation 8(3); (L.N. 147 of 2000)
(b) if the certificate was discharged under regulation 8(2)(d) because the aided person rejected an offer in settlement and value of the property as subsequently recovered or preserved for him in such proceedings or by virtue of any compromise arrived at in order to bring the proceedings to an end is of an amount greater than the value of the offer, this paragraph shall apply as though the value of such property were the value of the offer. (L.N. 326 of 1984)