JG (FE) v AB & Ors [2013] ScotCS CSOH_53 (05 April 2013)

The first defenders do not satisfy the financial hardship criterion under section 19(3)(b) of the Legal Aid (Scotland) Act 1986, as their substantial assets and reserves mean payment of judicial expenses will not cause hardship; accordingly, the motion for payment out of the Scottish Legal Aid Fund fails.

Citation: [2013] ScotCS CSOH_53
Parties: Pursuer: JH (F. E.); Defenders: AB and Others; Interested Party: Scottish Legal Aid Board
Jurisdiction: Scotland
Judgment Date: 05 April 2013
Procedural Posture: Motion for Expenses Under Legal Aid (scotland) Act 1986 S.19 / Post Disposition Motion
Outcome: Motion refused
Legal Topics: Expenses, Financial Hardship, Just and Equitable Test, Legal Aid Liability

Civil Procedure Legal Aid Expenses Financial Hardship Just and Equitable Test Legal Aid Liability

Case Brief

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Parties

JH (F. E.)

Pursuer

AB and Others

Defenders

Scottish Legal Aid Board

Interested Party

Procedural Posture

Motion for Expenses Under Legal Aid (scotland) Act 1986 S.19 / Post Disposition Motion

Legal Issues

1 Whether first defenders are entitled to payment of expenses out of the Scottish Legal Aid Fund under section 19 of the Legal Aid (Scotland) Act 1986
2 Whether the criterion of financial hardship is met
3 Whether it is just and equitable to make an award

Ratio Decidendi

Court Disposition

Motion refused