Leeds City Council v Price & Ors [2011] EWHC 849 (QB) (04 April 2011)

Leeds City Council v Price & Ors [2011] EWHC 849 (QB) (04 April 2011)

The Council failed to comply with the mandatory procedural requirements for obtaining a costs order against the LSC, including giving proper notice and serving the LSC. Neither the House of Lords order nor the subsequent certificate imposed liability on the LSC. The High Court order of 16th October 2009 was obtained without notice and without full disclosure, and was therefore set aside in its entirety.

Citation
[2011] EWHC 849 (QB)
Parties
Claimant: Leeds City Council; Defendants: Sean Price and Others; Intervener: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
04 April 2011
Procedural Posture
Application to Set Aside High Court Order / Post Judgment, Application to Set Aside Order
Outcome
Application to set aside the order of 16th October 2009 is allowed.
Legal Topics
Costs Orders, Legal Aid, Enforcement of Judgments, Without Notice Applications
Civil Procedure Public Law Costs Orders Legal Aid Enforcement of Judgments Without Notice Applications

Case Brief

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Parties

Leeds City Council

Claimant

Sean Price and Others

Defendants

Legal Services Commission

Intervener

Procedural Posture

Application to Set Aside High Court Order / Post Judgment, Application to Set Aside Order

Legal Issues

  1. 1 Whether the Legal Services Commission (LSC) is liable to pay the Council's costs under the relevant statutory framework
  2. 2 Whether the order of 16th October 2009 was validly made and enforceable against the LSC
  3. 3 Whether the Council complied with the procedural requirements for obtaining a costs order against the LSC

Ratio Decidendi

The Council failed to comply with the mandatory procedural requirements for obtaining a costs order against the LSC, including giving proper notice and serving the LSC. Neither the House of Lords order nor the subsequent certificate imposed liability on the LSC. The High Court order of 16th October 2009 was obtained without notice and without full disclosure, and was therefore set aside in its entirety.

Court Disposition

Application to set aside the order of 16th October 2009 is allowed.

Orders

  • The order of 16th October 2009 is set aside in its entirety.
  • The Council is to pay the LSC's costs of the application, subject to further argument if raised.