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What is not clear to me is why my right hon. and learned Friend assumes that the successful defendant will get the whole of his costs, because paragraph 1(1) says quite clearly
…to the unassisted party out of the legal aid fund of the whole or any part of the costs incurred by him in those proceedings.
It is not apparent to me why my right hon. and learned Friend assumes that the court will, in almost every case, grant the whole of the costs to the defendant when that provision specifically states:
…the whole or any part of the costs…