Costs, Taxation and Legal Aid
This domain tests the financial consequences of litigation: how costs are awarded, how they are quantified by taxation, and how legal aid operates. The examiner wants discretion, principle and procedure distinguished.
Awarding costs
Costs are in the court's discretion, exercised judicially, and the usual starting point is that costs follow the event. The court distinguishes party-and-party costs (the costs of the litigation as between the parties, assessed on the applicable scale) from solicitor-and-client costs (the full costs of the solicitor's work, awarded only in special circumstances). The court may award costs of an interlocutory application to whichever party succeeds, may make no order where a party has succeeded on a technical point, may order costs as a condition of an adjournment, and may impose costs for abuse of process. Costs awarded to a legally aided party are recoverable by the Legal Aid Commission.
Taxation
Where the amount is not fixed by the award, costs are taxed by the Registrar as taxing officer on a bill of costs detailing professional fees on the scale and disbursements, each disbursement supported by a voucher. The other side is given notice and may file objections. The taxing officer may disallow items outside the scale or excessive. A party dissatisfied with taxation applies to a judge for review of the taxation, showing that the taxing officer erred in principle or that the award is plainly excessive.
Legal aid
The Legal Aid Commission Act, 2018 (Act 977) replaced the earlier scheme legislation and establishes the Legal Aid Commission. Aid is granted on an application disclosing the applicant's means and the nature of the case; consideration is given to financial eligibility and the interests of justice. Aid may be granted for criminal and civil proceedings, may be refused, and may be withdrawn. The court may refer a litigant to the Commission, and an aided party's own contribution and the recovery of costs from any property recovered are statutory features.
Worked example
A successful plaintiff submits a bill claiming air fares for a witness, hotel costs, and counsel's fees far above the scale. Reasoning: disbursements require vouchers and must be reasonably incurred; fees off the scale are disallowed absent special circumstances approved by the court; the defendant may object at taxation and, if the taxing officer ignores the scale, apply to a judge for review.
Traps that cost marks
Filing the bill outside the prescribed time; claiming unvouched disbursements; assuming costs automatically follow every interlocutory motion; and treating taxation review as an opportunity to re-argue the merits.