Session 2010 - 12
Internet Publications
Other Bills before Parliament
|
|
| |
| |
|
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
|