HC Deb 24 March 1959 vol 602 c110W
78. Sir F. Medlicott

asked the Attorney-General if he is aware of the continuing injustice of the present arrangements 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 such plaintiffs in cases where judgment is given against such plaintiffs; and how soon it is expected that amending legislation will be introduced.

The Attorney-General

The Legal Aid and Advice Act, 1949, does not prevent an unassisted party from recovering any costs from an assisted person but limits the amount recoverable to what is reasonable for the assisted person to pay in all the circumstances, including the means of both parties and their conduct in connection with the dispute. Regulations made by my noble Friend the Lord Chancellor lay down detailed procedure for examining all the facts relevant to this question. I am unable to forecast any amendment to these provisions in the Act and Regulations.