HL Deb 09 November 1998 vol 594 cc70-1WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

What measures they intend to take to ensure that the traditional costs rules do not impair the effective enjoyment of the rights of access to justice in cases under the Human Rights Act where the claimant is ineligible for legal aid but cannot afford to risk having to pay the costs of the respondent public authority. [HL3614]

The Lord Chancellor

The courts have a wide discretion in respect of costs and can take into account their impact on a person's ability to bring proceedings. The Divisional Court in the cases of R v.Lord Chancellor ex parte Child Poverty Action Group and R v. Director of Public Prosecutions ex parte Bull and another (the report can be found in the All England Law Reports [1998] 2 All ER 755) set out the considerations it would take into account in the circumstances described by the noble Lord.