Wraith v Wraith & Anor [1997] EWCA Civ 929 (5th February, 1997)

Wraith v Wraith & Anor [1997] EWCA Civ 929 (5th February, 1997)

Where a legally aided party's financial circumstances have substantially improved, especially through a settlement and indemnity that enable payment of a previously suspended costs order, the court should exercise its discretion to allow enforcement of the costs order. The source of funds is not generally a bar to enforcement unless there are special circumstances, and enforcement does not constitute an unjust windfall to the successful party.

Citation
[1997] EWCA Civ 929
Parties
Plaintiff/respondent: John Walter Wraith; Defendant/appellant: Benjamin Wraith; Defendant/appellant: Alec Wraith
Jurisdiction
England and Wales
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Enforcement of Costs Orders, Legal Aid and Costs Liability, Variation of Costs Orders, Discretion in Costs Enforcement
Civil Procedure Costs Legal Aid Enforcement of Costs Orders Legal Aid and Costs Liability Variation of Costs Orders Discretion in Costs Enforcement

Case Brief

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Parties

John Walter Wraith

Plaintiff/respondent

Benjamin Wraith

Defendant/appellant

Alec Wraith

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether leave should be granted to enforce a costs order against a legally aided party after a change in circumstances
  2. 2 Whether the source of funds (from a solicitor's negligence settlement and indemnity) is relevant to enforcement of the costs order
  3. 3 Whether enforcement of the costs order would constitute a windfall for the successful party

Ratio Decidendi

Where a legally aided party's financial circumstances have substantially improved, especially through a settlement and indemnity that enable payment of a previously suspended costs order, the court should exercise its discretion to allow enforcement of the costs order. The source of funds is not generally a bar to enforcement unless there are special circumstances, and enforcement does not constitute an unjust windfall to the successful party.

Court Disposition

Appeal allowed

Orders

  • Order of His Honour Judge Cooke dated 15 April 1996 set aside
  • Leave granted to the Defendants to enforce the order for costs, together with interest, against the Plaintiff