Hinde v Harbourne & Ors [2004] EWHC 90023 (Costs) (19 December 2003)

Hinde v Harbourne & Ors [2004] EWHC 90023 (Costs) (19 December 2003)

The Legal Services Commission has the power to backdate a certificate, and in this case there is a strong case for doing so, but the Defendants must be allowed to make representations before a final decision is made.

Citation
[2004] EWHC 90023 (Costs)
Parties
Claimant: Hinde; Defendants: Harbourne & Ors
Jurisdiction
England and Wales
Judgment Date
19 December 2003
Procedural Posture
Costs Determination Following Appeal and Cross Appeal in Inheritance Dispute / Adjournment for Further Representations on Costs Certificate Scope
Outcome
Further adjournment to allow Defendants' solicitors to make representations before final decision on certificate amendment.
Legal Topics
Costs, Legal Aid, Inheritance (provision for Family and Dependants) Act 1975
Civil Procedure Family Law Costs Legal Aid Inheritance (provision for Family and Dependants) Act 1975

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Hinde

Claimant

Harbourne & Ors

Defendants

Procedural Posture

Costs Determination Following Appeal and Cross Appeal in Inheritance Dispute / Adjournment for Further Representations on Costs Certificate Scope

Legal Issues

  1. 1 Whether the Legal Services Commission has power to retrospectively amend a legal aid certificate to cover costs of both appeal and cross-appeal
  2. 2 Whether the Claimant's public funding certificate covered resistance to the cross-appeal

Ratio Decidendi

The Legal Services Commission has the power to backdate a certificate, and in this case there is a strong case for doing so, but the Defendants must be allowed to make representations before a final decision is made.

Court Disposition

Further adjournment to allow Defendants' solicitors to make representations before final decision on certificate amendment.

Orders

  • Appeal further adjourned to enable Defendants' solicitors to make representations regarding amendment of the legal aid certificate.