M, Re For Enforcement Of A Residence Order [2013] ScotCS CSOH_160 (03 October 2013)

M, Re For Enforcement Of A Residence Order [2013] ScotCS CSOH_160 (03 October 2013)

The respondent is not a 'legally assisted person' within the meaning of s.18(2) of the Legal Aid (Scotland) Act 1986 because her application for civil legal aid was refused; specially urgent work under Regulation 18 does not confer that status unless legal aid is granted. Therefore, the court has no power to modify her liability for expenses under s.18(2).

Citation
[2013] ScotCS CSOH_160
Parties
Pursuer: M; Defender: P
Jurisdiction
Scotland
Judgment Date
03 October 2013
Procedural Posture
Petition / Motion for Modification of Expenses Following Enforcement Proceedings
Outcome
motion for modification of expenses refused
Legal Topics
Enforcement of Residence Orders, Modification of Expenses, Legal Aid Eligibility, Special Urgency Provisions
Family Law Legal Aid Enforcement of Residence Orders Modification of Expenses Legal Aid Eligibility Special Urgency Provisions

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Parties

M

Pursuer

P

Defender

Procedural Posture

Petition / Motion for Modification of Expenses Following Enforcement Proceedings

Legal Issues

  1. 1 Is the respondent a 'legally assisted person' under s.18(2) of the Legal Aid (Scotland) Act 1986 for the purposes of modification of expenses, where only specially urgent work was carried out and legal aid was subsequently refused?

Ratio Decidendi

The respondent is not a 'legally assisted person' within the meaning of s.18(2) of the Legal Aid (Scotland) Act 1986 because her application for civil legal aid was refused; specially urgent work under Regulation 18 does not confer that status unless legal aid is granted. Therefore, the court has no power to modify her liability for expenses under s.18(2).

Court Disposition

motion for modification of expenses refused

Orders

  • petition dismissed
  • respondent found liable in expenses of proceedings