Session 2010 - 12
Internet Publications
Other Bills before Parliament


Public Bill Committee Proceedings: 8 September 2011        



Legal Aid, Sentencing and Punishment of , continued



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



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.



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.



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.



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





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

previous section contents

© Parliamentary copyright
Revised 9 September 2011