Day 157 - 18 Jul 95 - Page 26


     
     1        proceedings.  "Following the event" means that the
     2        successful party obtains their costs of an action or an
     3        application, normally.
     4
     5   MR. MORRIS:  Yes, but in a case of litigants in person, then --
     6        and I am going to go to that Act in a minute -- the costs,
     7        obviously they cannot afford -- nobody, litigants in
     8        person, would be able to fight any case on the risk of ever
     9        losing because they would not be able to afford the costs;
    10        so the costs are, in effect, paid or absorbed, or whatever,
    11        either by the public funds or the other party, and the
    12        costs are -- that is the effect of a ruling at the end of
    13        the case on costs.
    14
    15   MR. JUSTICE BELL:  Unfortunately, we are a long way from the end
    16        of the case at the moment.
    17
    18   MR. MORRIS:  I would argue that that point there says that power
    19        of discretion extends beyond not just at the end of the
    20        case but during the case.  If we go to page 1897, which is
    21        the Litigants in Person (Costs and Expenses) Act 1975.
    22
    23   MR. JUSTICE BELL:  Where are you now?
    24
    25   MR. MORRIS:  Volume 2, 1897.  It is right at the very back of
    26        the White Book.
    27
    28   MR. JUSTICE BELL:  When you say 1897, what is that?
    29
    30   MR. MORRIS:  Page number.  It is at the bottom of the page.
    31        "Costs or expenses recoverable", 1(1):
    32
    33             "Where, in any proceedings to which this
    34             subsection applies, any costs of a litigant in
    35             person are ordered to be paid by any other party
    36             to the proceedings or in any other way, there
    37             may, subject to rules of court, be allowed on
    38             the taxation or other determination of those
    39             costs sums in respect of any work done, and any
    40             expenses and losses incurred, by the litigants
    41             in or in connection with the proceedings to
    42             which the order relates."
    43
    44        Then in subsection (a) it clearly says it relates to the
    45        Supreme Court, which, I believe, we are a part of.
    46
    47        So this can be seen in close cross-referencing to the
    48        previous reference that was made.  There is no restriction
    49        indicated there at all.
    50 
    51        So what we are seeking based upon this is -- first of all, 
    52        we are saying that the judge has a discretion that costs of 
    53        a litigant in person can be paid by any other party to the
    54        proceedings or in any other way, as it says in that point,
    55        and, on the basis of that, we are saying that you can rule
    56        or order or indicate that, for example, limited to the
    57        costs of the transcripts that these will be met at the end
    58        of the trial either by the Plaintiffs, if they should fail
    59        in the action, or by central funds.
    60

Prev Next Index