Legal Aid and Advice Act 1995 · 2020 Revised Edition · Part 2 · Legal Aid in Civil Actions
12. Endorsement and filing of Grant of Aid
Feedback & supportLast amended by an amending law of 2024. 3 amendments in all.
Where a Grant of Aid is issued, the Director may act for the aided person or may select a solicitor from the appropriate panel of solicitors maintained under section 4 and assign that solicitor to act for the aided person.
Grant of Aid
“Grant of Aid” means a document issued under section 8 stating that legal aid is granted to a person (whether on a provisional basis or otherwise);
A fresh Grant of Aid must be filed with the court in which any proceedings are taken or are pending in any case where —
court
“court” means any court, tribunal or adjudicator before which or before whom any proceedings mentioned in section 5(1) or (2) are heard;
a solicitor is assigned to act after a Grant of Aid has been filed with the court; or
a new assignment is made in place of a solicitor previously assigned.
Before taking any other step in the proceedings, the Director or the solicitor so assigned must file the Grant of Aid with the court in which the proceedings are to be taken or are pending and no fee is to be charged in respect of the filing of the Grant of Aid.
Director
“Director” means the Director of Legal Aid appointed under section 3 and includes a Deputy Director and an Assistant Director of Legal Aid;
Where any Grant of Aid is so filed, the aided person —
aided person
“aided person” means a person who is issued a Grant of Aid and, where such a person is a minor, includes the minor’s guardian;
is not liable in respect of any proceedings to which the Grant of Aid relates for court fees or for such fees payable for the service of process or for any fees due to the Sheriff or bailiff in connection with the execution of process;
is entitled to be supplied free of charge with a copy of the judge’s notes of evidence in any proceedings to which the Grant of Aid relates, and of any other document in connection with those proceedings as may be prescribed;
is not, except where express provision is made in this Act, liable for costs to any other party in any proceedings to which the Grant of Aid relates; and
is not liable to pay any deposit which would have been payable to the Official Assignee under the regulations made under section 449 of the Insolvency, Restructuring and Dissolution Act 2018, where legal aid has been granted to the aided person to commence bankruptcy proceedings against a debtor.
Subject to sections 13 and 22A, no person who, pursuant to any reference under this Act, makes any investigation or report or gives any opinion or who pursuant to any assignment under this Act conducts any proceedings may take or agree to take or seek from an aided person any fee, profit or reward (pecuniary or otherwise) in respect of the making of such investigation or report, the giving of such opinion, or the conduct of such proceedings.
To avoid doubt, the Director may take proceedings —
to enforce or give effect to any order or agreement for the recovery or preservation of property for the benefit of the aided person; or
to enforce or give effect to any order or agreement for the payment of costs to an aided person in any proceedings to which an aided person is a party,(c)[Deleted by Act 32 of 2024 wef 01/04/2025]and in such event —
no Grant of Aid is to be required in respect of the proceedings taken by the Director; and
subsection (4) is to apply to the proceedings taken by the Director as if the proceedings were taken by an aided person.