Suppose that A, represented by a legally aided lawyer, sues B, and their claim fails. Then B may be able to claim costs against A, and if they are awarded, then legal aid will cover the costs order.

But what if the outcome is different, and A's claim is successful. What happens if costs are awarded against B, the losing party? Do they have to compensate the public purse via the Legal Aid Agency for the funds expended on fighting a founded claim that B perhaps should have simply admitted from the outset rather than trying to oppose and defend it?

Does the question as to whether or not to apply for a costs order after succeeding on the substantive matter fall out of A's hands, even though they are the client in the case?

  • You mean there's a case with fee shifting in place (not all cases are - divorce for example usually doesn't while copyright usually is). And now the question is: who gets the money from fee shifting if the Legal Aid wins?
    – Trish
    Commented Jan 30, 2023 at 17:43
  • What is fee shifting?
    – UBSOS23
    Commented Jan 30, 2023 at 17:50
  • fee shifting is, when the losing party has to pay the winning party's court/lawyer fees.
    – Trish
    Commented Jan 30, 2023 at 17:51
  • 1
    Yes, then that is in essence what the question is - who receives the money from fee shifting if the legally aided party in a fee-shiftable case wins.
    – UBSOS23
    Commented Jan 30, 2023 at 18:02


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