HL Deb 30 March 1999 vol 599 cc33-4WA
Lord Spens

asked Her Majesty's Government:

What were the estimated costs of the recent proceedings before the Vice-Chancellor, the Right Hon. Sir Richard Scott, against Mr. Kevin Maxwell, including the costs of the three Queen's Counsel, two juniors and 13 departmental lawyers appearing against Mr. Maxwell. [HL1548]

Lord Simon of Highbury

The Department of Trade and Industry legal costs will be in the region of £50,000. It is not possible to provide an estimate of the inspectors' legal costs within the present time constraints. The inspectors were represented in Court by two QCs with one junior counsel in attendance. The department was represented by one leading counsel and one junior. Three in-house lawyers in the Department of Trade and Industry attended at least part of the hearing on 8, 9 and 10 February; the cost of their attendance is absorbed in their salary.

Mr. Maxwell was ordered to pay the costs of both the inspectors and the department in relation to his applications for discovery and judicial review. As the Vice Chancellor made no order in the certification proceedings, costs were awarded against the inspectors. Although Mr. Maxwell represented himself at the hearing, he has indicated that he will be claiming costs in the region of £19,000 relating to the work of the eight strong legal team advising him.

Lord Spens

asked Her Majesty's Government:

Whether it can be in the public interest for individuals to be subject to court proceedings without legal representation for the respondent, in circumstances comparable to the case of Kevin Maxwell. [HL1549]

Lord Simon of Highbury

Mr. Maxwell applied for judicial review of a number of decisions made by the department and the inspectors, including the decision not to contribute to the costs of this legal representation. On 8 February the Vice Chancellor dismissed these applications.

In his judgment of 11 March the Vice Chancellor complimented Mr. Maxwell on his ability to represent himself and said "he has not, in my opinion, suffered any disadvantage from his lack of legal representation before me".

Lord Spens

asked Her Majesty's Government:

Who authorised the expenditure on the recent court proceedings against Kevin Maxwell; and whether this expenditure will be examined by the National Audit Office to see whether this expenditure was cost or benefit effective. [HL1550]

Lord Simon of Highbury

The decision to bring the certification proceedings was a matter for the inspectors. The decision that the department should intervene was made by the previous Secretary of State. The costs were not separately authorised but flowed from those two decisions. The expenditure is chargeable to the department's appropriation account, which is subject to external audit by the National Audit Office.