Austin & Anor v Commissioner of Police of the Metropolis

Austin & Anor v Commissioner of Police of the Metropolis

The Defendant's application for costs against the Legal Services Commission was out of time under the mandatory three-month period in the unamended Community Legal Service (Cost Protection) Regulations 2000, as the Second Claimant's application for funded services was made before 3 December 2001. The Defendant failed to establish 'good reason' for the delay, and the amended regulations granting discretion did not apply.

Parties
Claimant/respondent: Lois Austin; Claimant/respondent: Geoffrey Saxby; Defendant/applicant: Commissioner of Police of the Metropolis; 3rd Respondent/defendant: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
19 November 2009
Procedural Posture
Costs Application / Ruling on Application for Extension of Time to Request Costs Hearing
Outcome
Application dismissed
Legal Topics
Costs Assessment, Legal Services Commission Liability, Extension of Time, Community Legal Service Regulations
Civil Procedure Legal Aid Costs Assessment Legal Services Commission Liability Extension of Time Community Legal Service Regulations

Case Brief

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Parties

Lois Austin

Claimant/respondent

Geoffrey Saxby

Claimant/respondent

Commissioner of Police of the Metropolis

Defendant/applicant

Legal Services Commission

3rd Respondent/defendant

Procedural Posture

Costs Application / Ruling on Application for Extension of Time to Request Costs Hearing

Legal Issues

  1. 1 Whether the Defendant's application for costs against the Legal Services Commission was out of time under the Community Legal Service (Cost Protection) Regulations 2000
  2. 2 Whether there was 'good reason' for the delay in requesting a hearing under regulation 5(3)(b)
  3. 3 Whether the amended regulations applied based on the date of the application for funded services

Ratio Decidendi

The Defendant's application for costs against the Legal Services Commission was out of time under the mandatory three-month period in the unamended Community Legal Service (Cost Protection) Regulations 2000, as the Second Claimant's application for funded services was made before 3 December 2001. The Defendant failed to establish 'good reason' for the delay, and the amended regulations granting discretion did not apply.

Court Disposition

Application dismissed

Orders

  • Defendant must pay the costs of the Legal Services Commission of and incidental to this application.
  • If costs cannot be agreed, detailed assessment is ordered.