§ 1. Mr. Michael Footasked the Attorney-General whether he will consider, without interfering with a judge's discretion in any particular case, the institution of a new county court rule directing that, in possession cases, there shall be no order either way with regards to costs unless, in his absolute discretion, the judge makes a special order to the contrary.
§ The Solicitor-General (Major Sir Frank Soskice)The question of costs is one entirely in the discretion of the learned county court judge, and I do not think that the hon. Member's proposal is either necessary or desirable. Before making an order as to costs the learned judge is bound by rule to consider each case on its merits, both as to whether or not he ought in justice to make an order for costs in favour of the successful party, and, in possession cases, also as to the scale on which the costs, if awarded, are to be taxed. So far as the scale is concerned, there is a wider discretion than is given to the judge in ordinary county court cases, which is found very useful in practice.