13.Unlike the general position on costs, the court is currently required to consider the means of both parties, before ordering costs against an unsuccessful litigant in receipt of legal aid. Furthermore, the assisted party’s home cannot be taken into account in assessing his or her means, or be subject to any enforcement process. In practice, costs are rarely awarded against litigants on legal aid.
14.In future, assisted parties would retain most of their protection against paying their opponent’s legal costs. But where courts were considering costs orders against assisted parties, the value of their homes would be counted towards their assets and the bar on enforcing against homes would be removed. This limited proposal is intended to reflect the fact that most assisted parties are unlikely to be able to pay costs even if an order is made against them; but that those who own their homes may have enough capital to pay costs. It also parallels the proposal about contributions from capital.
A: Community Legal Service Eligibility, Financial Conditions and Costs Rules Costs Rules Costs protection for assisted parties