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Public Bill Committee Proceedings: 8 September 2011        

39

 

Legal Aid, Sentencing and Punishment of , continued

 
 

(d)    

a fundamental misunderstanding or ignorance of the facts or the law in a

 

case which could have been prevented by the exercise of due diligence, or

 

(e)    

a delay in providing or failure to provide relevant information or

 

evidence, which could not be obtained otherwise than from the public

 

authority, without reasonable justification.

 

(3)    

A costs award under section 2 may reimburse the legal aid fund in the sum of any

 

amount of any costs which the Court or Tribunal assesses as flowing from the act

 

or omission.

 

(4)    

Where the Court or Tribunal concludes that proceedings before it would not have

 

been required, or would have been shorter or otherwise less expensive were not

 

for the act or omission, it may order that costs be paid to the Tribunal.

 

(5)    

Wasted costs awarded in accordance with subsection (3) and (4) above must not

 

exceed the amount of the actual wasted expenditure resulting from the act or

 

omission.

 

(6)    

For the purposes of this section “public authority” has the same meaning as in

 

section 6 of the Human Rights Act 1998.’.

 

[Adjourned until Tuesday 13 September at 10.30 am


 
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Revised 9 September 2011