(1) This Division does not require any amount to be held in trust that is
payable by the protected defendant as legal costs under an order for costs
made against the protected defendant or (in the case of an award of damages
that is inclusive of costs) that is reasonably attributable to the offender's
legal costs.
(2) The amount reasonably attributable to the offender's legal
costs in the case of an award of damages that is inclusive of costs is the
amount determined by the protected defendant on the basis of a bill for those
costs provided to the protected defendant by the legal practitioner concerned.
(4) The costs
of a costs assessment for the purposes of this section are payable--
(a) by
the offender (by deduction from the offender damages concerned), unless
paragraph (b) applies, or
(b) by the protected defendant if the amount of the
costs as determined by the costs assessor is at least 10% more than the amount
determined by the protected defendant.