§ 34. Mr. W. Wellsasked the Attorney-General whether he will consider incorporating in the Legal Aid Scheme provision for payment of the taxed costs, in whole or in part, if the court so orders, of parties who, not themselves having a civil aid certificate, have successfully contested proceeding against assisted persons.
§ 35. Captain Litchfieldasked the Attorney-General if he is aware of the continuing injustice of the present arrangement as to costs under the Legal Aid Scheme, whereby defendants can be compelled to pay the costs of plaintiffs who have been assisted under the scheme, but are unable to recover any costs from 188 such plaintiffs in cases where judgment is given against such plaintiffs; and if he will introduce legislation to correct this anomaly.
§ The Solicitor-General (Sir Jocelyn Simon)The problem of recovering costs from an impecunious litigant, whether or not he is an assisted person, is inherent in our legal system. The Legal Aid and Advice Act already provides for the payment by the assisted litigant of the costs of a successful opponent up to the amount which the court considers it is reasonable for him to pay. There are serious objections to all the alternatives so far suggested, and I cannot, therefore, hold out any hope of legislation amending the Legal Aid Scheme in this respect.
§ Mr. WellsWill the Attorney-General seriously consider the possibility of providing assistance from public funds in certain of these cases, particularly in view of the embarrassment which the absence of such arrangements frequently occasions to persons in the position of trustees?
§ The Solicitor-GeneralNo. Sir. We discussed the matter on the Second Reading of the Legal Aid Bill, and I then ventured to suggest some of the serious objections to that proposal. Perhaps the hon. and learned Gentleman will be good enough to refer to what I said on that occasion.
§ Captain LitchfieldIs not my hon. and learned Friend aware that very heavy losses are incurred by innocent persons under the present system? Does he not agree that this is a case of "Heads I win, tails you lose", for assisted persons, and does he really think it acceptable that this anomaly should be allowed to continue?
§ The Solicitor-GeneralThe safeguard is in the screening of the case initially by the legal aid district and area committees.
§ 37. Mr. Fletcherasked the Attorney-General when the operation of the Legal Aid and Advice Act will be extended to matrimonial proceedings in magistrates' courts.
§ The Solicitor-GeneralDuring the present financial year.