§ Sir Hector Monro
To ask the Secretary of State for Scotland whether he has made arrangements to deal with cases where, in terms of section 18 of the Legal Aid (Scotland) Act 1986, the court may not modify the loser's expenses in a civil action in which both parties are assisted persons.
§ Lord James Douglas-Hamilton
This unintended consequence of section 18 will be remedied by the provisions of schedule 4 to the Legal Aid Bill. I have authorised the Scottish Legal Aid Board to deal by write off with cases which arise before the Bill comes into force. In effect, the expenses of losing assisted persons will be borne by the Scottish legal aid fund exactly as if the court had modified them.