HC Deb 18 December 1967 vol 756 c920
39. Sir D. Walker-Smith

asked the Attorney-General if he will introduce regulations under the Legal Aid and Advice Act, 1949, to enable the Legal Aid Fund to forgo recovery of costs, in whole or in part, from legally assisted plaintiffs, where it is judged to be in the business interest of the fund to do so.

The Attorney-General

Generally I do not think it can be in the business interest of the Legal Aid Fund to forgo its Charge on property recovered or preserved. If there is evidence to the contrary I will be glad to examine it.

Sir D. Walker-Smith

Will the Attorney-General accept that this may well arise if it inhibits the conclusion of a realistic settlement which may in the long run be beneficial to both parties, and save the Fund costs being thrown away in subsequent litigation?

The Attorney-General

I am willing to look at any facts to support that proposition. The basic principle of the Act is that the legally assisted litigant should be in no better position than the litigant who is paying his own costs, but I will be very glad to look at any Information which the right hon. and learned Gentleman cares to bring to my notice.