Frost v James Finlay Bank Ltd. [2003] EWHC 9008 (Costs) (25 March 2003)

Frost v James Finlay Bank Ltd. [2003] EWHC 9008 (Costs) (25 March 2003)

Costs protection under the Community Legal Service (Costs Protection) Regulations 2000 applies to the Claimant as she was in receipt of a legal aid certificate throughout the proceedings, and the Bank is entitled to recover costs incurred prior to the extension of the certificate to cover the appeal, as the Claimant was always funded and the extension was procedural.

Citation
[2003] EWHC 9008 (Costs)
Parties
Defendant/appellant: James Finlay Bank Limited; Claimant/respondent: Mrs Frost; Interested Party: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
25 March 2003
Procedural Posture
Costs Determination Following Appeal / Preliminary Issue on Scope of Costs Recoverable From Legal Services Commission
Outcome
Preliminary issue decided in favour of the Bank; costs incurred prior to the extension of the legal aid certificate are recoverable from the Legal Services Commission.
Legal Topics
Costs Orders, Legal Aid Certificates, Costs Protection, Quantum of Costs
Civil Procedure Legal Aid Costs Orders Legal Aid Certificates Costs Protection Quantum of Costs

Case Brief

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Parties

James Finlay Bank Limited

Defendant/appellant

Mrs Frost

Claimant/respondent

Legal Services Commission

Interested Party

Procedural Posture

Costs Determination Following Appeal / Preliminary Issue on Scope of Costs Recoverable From Legal Services Commission

Legal Issues

  1. 1 Whether the Legal Services Commission is liable for costs incurred by the successful non-assisted party prior to the extension of the legal aid certificate to cover appellate proceedings.
  2. 2 Whether costs protection under the Community Legal Service (Costs Protection) Regulations 2000 applies to costs incurred before the extension of the legal aid certificate.

Ratio Decidendi

Costs protection under the Community Legal Service (Costs Protection) Regulations 2000 applies to the Claimant as she was in receipt of a legal aid certificate throughout the proceedings, and the Bank is entitled to recover costs incurred prior to the extension of the certificate to cover the appeal, as the Claimant was always funded and the extension was procedural.

Court Disposition

Preliminary issue decided in favour of the Bank; costs incurred prior to the extension of the legal aid certificate are recoverable from the Legal Services Commission.

Orders

  • The Bank's bill can include costs incurred prior to 26 November 2001.
  • Parties to apply for formal delivery of judgment and further directions regarding detailed assessment.