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Home
Legal aid guidance
Civil Guidance

Clawback and expenses

A&A - clawback and regulation 16(3)

Introduction to advice and assistance: property recovered and preserved provisions
Payment of A&A fees and outlays: the hierarchy of payments and where you should look to for payment
Our definition of property recovered or preserved (advice and assistance)
Property recovered or preserved where your client received both A&A and civil legal aid
Hardship applications: grave hardship or distress to client or unreasonable difficulty or delay recovering the money – Reg. 16(3)
Client hardship applications: Regulation 16(3)(a)
Solicitor hardship applications: difficulty or delay in recovering from the applicant
Clawback and transfers of agency
Review of our refusal under regulation 16(3)(a) or (b)
Clawback: our right to recover sums paid out of the Fund from the applicant

Expenses

Expenses in favour of an assisted person
Expenses awarded against your client
Expenses of unassisted party out of the Legal Aid Fund
Awards of judicial expenses
Judicial expenses and private charging for work done before legal aid was granted

Property recovered or preserved in civil legal aid

‘Clawback’ in civil legal aid: our right to recoupment from property recovered or preserved
Legal background and rationale for property recovered or preserved provisions in civil legal aid
Property recovered or preserved: calculating the net liability to the Fund
Defining ‘recovery and preservation of property’
Points in proceedings which may trigger a recovery or preservation of property
Recovery or preservation of property in matrimonial proceedings
Exemptions from clawback in civil legal aid
Concluding a case: information you should provide to help us assess whether property has been recovered or preserved
Clawback in civil legal aid: payment and enforcement of the net liability

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