§ Mr. Kilroy-Silkasked the Attorney-General if he will seek to provide that persons appearing before tribunals who win their cases should have an entitlement to costs.
§ The Attorney-GeneralNo. A number of tribunals, of which the Lands Tribunal is one, have a general discretion as to costs and some others, such as the industrial tribunals, have a limited power to award costs against a party whose conduct is frivolous or vexatious; but in most tribunals an award of costs, in the normal sense, would not be appropriate.
In the social security field—for example, in the National Insurance Local Tribunals and the Supplementary Benefit Appeal Tribunals—there is normally provision whereby travelling expenses, subsistence allowances and compensation for loss of earnings may be paid out of public funds to claimants and their witnesses, whatever the outcome of the case. That accords with the recommendation of the Franks Committee that no distinction should be drawn between successful and unsuccessful applicants in this respect.