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Costs awarded against a person in receipt of legal aid.
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36.—(1) Costs awarded by a court or tribunal to a person not in receipt of legal aid (referred to subsequently in this section as “the successful litigant”) against a person who is so in receipt (referred to subsequently in this section as “the unsuccessful litigant”) shall not, save in accordance with subsection (2), be paid out of the Fund.
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(2) Where a successful litigant submits a bill of costs to the Board, the Board may make an ex gratia payment towards such costs of such amount as it considers appropriate, if it is satisfied of the following matters, namely that—
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(a) the proceedings were instituted by the unsuccessful litigant,
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(b) the successful litigant has taken all reasonable steps to recover his or her costs from the unsuccessful litigant in person,
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(c) the successful litigant will suffer severe financial hardship unless an ex gratia payment is made,
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(d) the ex gratia payment will not exceed the amount that would be allowed if the costs were taxed on a party and party basis, and
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(e) the case has been finally determined.
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