Suppose that A, represented by a legally aided lawyer, sues B, and their claim fails. Then B may be able to claim costs against A, and if they are awarded, then legal aid will cover the costs order.
But what if the outcome is different, and A's claim is successful. What happens if costs are awarded against B, the losing party? Do they have to compensate the public purse via the Legal Aid Agency for the funds expended on fighting a founded claim that B perhaps should have simply admitted from the outset rather than trying to oppose and defend it?
Does the question as to whether or not to apply for a costs order after succeeding on the substantive matter fall out of A's hands, even though they are the client in the case?
