LEGAL AID COMMISSION ACT 1979 - SECT 43
Payment of costs in cases of fraud and improper behaviour
LEGAL AID COMMISSION ACT 1979 - SECT 43
Payment of costs in cases of fraud and improper behaviour
43 Payment of costs in cases of fraud and improper behaviour
(1) A court or tribunal may, on the application of the Commission, order a
person who is or was a legally assisted person to pay to the Commission any
money paid or payable by the Commission as the costs and expenses of the legal
services provided to the person as a legally assisted person (including the
fees of the law practice who acted for the person, party and party costs and
expenses under section 33) if the court or tribunal is satisfied that--
(a)
the legal aid was obtained by fraud or misrepresentation, or
(b) the
legally assisted person has acted improperly in bringing, defending or
conducting any proceedings with which the legal aid is concerned.
(2) Such an
application can be made to the court or tribunal that is hearing or has heard
any proceedings with which the legal aid is concerned or to any other court of
competent jurisdiction either during or after the conclusion of the
proceedings. However, an application can only be made to a court or tribunal
that can make an order as to costs.
(3) When an order is made under this
section, the costs are to be assessed as if the person ordered to pay them
were not a legally assisted person.
