HC Deb 21 July 1959 vol 609 cc1062-3
47. Lady Tweedsmuir

asked the Secretary of State for Scotland if he will now refer to the Scottish Law Reform Committee the problem of the expenses incurred by claimants who have no liability.

Mr. N. Macpherson

My right hon. Friend, the Secretary of State for Scotland, will consider with his right hon. and learned Friend the Lord Advocate, the desirability of the question to which I think my hon. Friend refers being remitted to the Law Reform Committee.

Lady Tweedsmuir

I thank my hon. Friend for that reply. Will he bear in mind that under Scottish law there is now no possibility whatever of obtaining costs where a wrongful claim has been made against the claimant, and will he try his best to see that the decision is taken before long?

Mr. Macpherson

As my hon. Friend knows, at present the amount which an assisted person who loses his case must pay to the other side is the amount which the court decides it is reasonable for him to pay having regard to all the circumstances. It is not quite as my hon. Friend said, but my right hon. Friend will certainly consider the whole matter very carefully.