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
