Section 14

The contribution payable to the Director by any person to whom a legal aid certificate is granted under section 12 in respect of any proceedings may include —

Any such person may be required to make any contribution in one sum or by instalments.

If the total contribution made by a person in respect of any proceedings is more than the net liability of the Director on his account, the excess shall be repaid to him.

Except so far as regulations otherwise provide, any sums remaining unpaid on account of a person’s contribution in respect of any proceedings and, if the total contribution is less than the net liability of the Director on his account, a sum equal to the deficiency shall be a first charge on any property (wherever situate) which is recovered or preserved for that person in the proceedings.

The reference in subsection (4) to property recovered or preserved for any person shall include his rights under any settlement or compromise arrived at to avoid or bring to an end the proceedings and any sums recovered by virtue of an order for costs made in his favour in the proceedings (not being sums payable to the Director under section 19 or 21).

The charge created by subsection (4) on any damages or costs shall not prevent a court allowing them to be set off against other damages or costs in any case where a solicitor’s lien for costs would not prevent it.

References in this section to the net liability of the Director on any person’s account in relation to any proceedings refer to the aggregate amount of the sums paid or payable by the Director on his account and, where the person has been represented in the proceedings by the Director, such sums as would in the opinion of the Director have been payable on that person’s account had he been represented by a solicitor assigned to him in respect of those proceedings, and not recouped by sums which are recovered by virtue of an order or agreement for costs made in his favour with respect to those proceedings.