Premiums for bonds of caution may be met by us in guardianship proceedings and certain executry matters.

Caution for expenses

Where the court considers your client has no basis for their claim and little likelihood of success, it may order your client to find caution for expenses as a condition for continuing with their case.  The court will usually fix an amount for the individual to pay into the court. This money is there to make sure the expenses of an opponent can be met at the conclusion of the case.

We cannot meet the costs of caution if such an order is made. You must tell us if such an order is made and comment on the appropriateness of legal aid continuing.  In such cases, we may terminate the grant.

Bonds of caution – adults with incapacity

Where your client is seeking an appointment as a guardian to an adult with an incapacity or an intervention order in relation to the adult, they may need a bond of caution.  An insurance company will provide this bond subject to payment of a premium, this is usually chargeable against the estate of the adult with incapacity.  This will indemnify that adult against any error or maladministration on the part of the guardian or intervener.

In situations where the guardian has no fund or estate to draw from it may be appropriate for us to meet the costs of the premium for the bond of caution.

You should ask for sanction to cover this.  To consider the request, we need:

  • Details of the circumstances leading to the appointment of the guardian
  • Details of the litigation including any claims that may be made in the litigation
  • Sufficient information to show that there are no immediately available funds to meet the costs from any other source.

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