Key legal question
Whether the after-the-fact request for legal aid and appointed counsel should be granted under Article 64 BGG.
Extracted holding
Yes. The statutory conditions were met, and the threat that the party-cost award could be set off meant counsel might otherwise go unpaid.
Extracted reasoning
Article 64(2) BGG also covers cases where the awarded party compensation cannot effectively cover counsel’s fee, including threatened set-off against claims of the opposing party.