Clark v. McDonald [2000] ScotSC 35 (21 December 2000)

Clark v. McDonald [2000] ScotSC 35 (21 December 2000)

It is just and equitable to grant the defenders' motion for an award of their whole expenses from the Scottish Legal Aid Fund, as they would otherwise suffer severe financial hardship, and their decision not to take up an offer of legal aid (which would have precluded recovery under section 19) does not bar such an award.

Citation
[2000] ScotSC 35
Parties
Pursuer: Robina Clark; Defender: William McDonald; Defender: Judy McDonald; Interested Party: Scottish Legal Aid Board
Jurisdiction
Scotland
Judgment Date
21 December 2000
Procedural Posture
Family Law Action (contact) / Post Abandonment, Motion for Award of Expenses From Scottish Legal Aid Fund
Outcome
Motion granted; award of whole expenses to defenders from Scottish Legal Aid Fund.
Legal Topics
Contact With Child, Award of Expenses, Legal Aid Fund, Financial Hardship, Judicial Discretion
Family Law Legal Aid Contact With Child Award of Expenses Legal Aid Fund Financial Hardship Judicial Discretion

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Parties

Robina Clark

Pursuer

William McDonald

Defender

Judy McDonald

Defender

Scottish Legal Aid Board

Interested Party

Procedural Posture

Family Law Action (contact) / Post Abandonment, Motion for Award of Expenses From Scottish Legal Aid Fund

Legal Issues

  1. 1 Whether unassisted defenders who declined an offer of legal aid but successfully defended a contact action brought by a legally assisted pursuer are entitled to an award of their expenses from the Scottish Legal Aid Fund under section 19 of the Legal Aid (Scotland) Act 1986.

Ratio Decidendi

It is just and equitable to grant the defenders' motion for an award of their whole expenses from the Scottish Legal Aid Fund, as they would otherwise suffer severe financial hardship, and their decision not to take up an offer of legal aid (which would have precluded recovery under section 19) does not bar such an award.

Court Disposition

Motion granted; award of whole expenses to defenders from Scottish Legal Aid Fund.

Orders

  • Award out of the Scottish Legal Aid Fund to the defenders of their whole expenses in the cause as taxed, including expenses occasioned by the application for this order.