Singapore legislation

Section 14

of Legal Aid and Advice Act 1995

Section 14

Court may order payment of costs by aided person in certain event

Amended by50/20186/201350/201850/201850/2018

(1)

Where it appears to a court that any of the circumstances mentioned in subsection (3) exists in relation to an aided person, the court may order the aided person to pay the costs of all or any of the following persons:

(a)

the Director;

(b)

the solicitor who acted for the aided person;

(c)

the other party.

Amended by50/2018

(2)

In subsection (1), a reference to an “aided person” includes, in any case where the Grant of Aid has been cancelled before the making of the order, the person who immediately before the cancellation was the aided person.

Amended by6/2013

(3)

For the purposes of subsection (1), the circumstances are as follows:

(a)

the Grant of Aid issued to the aided person has been obtained by fraud or misrepresentation;

(b)

the aided person acted improperly in bringing or defending any legal proceedings, or in the conduct of those proceedings.

Amended by50/2018

(4)

Where an order is made under subsection (1), the costs must be taxed as if the party ordered to pay costs were not an aided person.

Amended by50/2018

(5)

The costs so ordered to be paid must, unless otherwise directed by the order, include —

(a)

fees and charges of the nature referred to in section 12(4)(a) and (b); and

(b)

any sums which, pursuant to section 13(3), were expended by the Director in meeting out-of-pocket expenses or were advanced by the Director for that purpose.

(6)

Where the costs of the Director or the solicitor who acted for the aided person ordered to be paid under subsection (1) include any of the fees, charges or sums referred to in subsection (5), then if any amount is recovered by the Director in respect of such costs, the same must be applied in the first instance in or towards the satisfaction of such fees, charges or sums.

Amended by50/2018
Section 14 — Legal Aid and Advice Act 1995 | laws.sg