Floyd & Anor v Legal Services Commission [2010] EWHC 906 (QB) (28 April 2010)

Floyd & Anor v Legal Services Commission [2010] EWHC 906 (QB) (28 April 2010)

The Civil Procedure Rules and Practice Direction cannot override the mandatory statutory time limit in Regulation 5 of the Community Legal Service (Cost Protection) Regulations 2000; the court has no discretion to extend time for a non-funded party to apply for costs against the Legal Services Commission unless good reason for delay is shown. No good reason was advanced in this case, so the application was properly dismissed.

Citation
[2010] EWHC 906 (QB)
Parties
Appellant in Costs Appeal; Claimant in Original Proceedings: Jacqueline Floyd; Defendant in Original Proceedings: S; Respondent in Costs Appeal: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
28 April 2010
Procedural Posture
Costs Appeal / Appeal From Costs Judge's Decision
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Relief From Sanctions, Costs Orders Against Legal Services Commission, Interpretation of Statutory Time Limits
Civil Procedure Legal Aid Extension of Time Relief From Sanctions Costs Orders Against Legal Services Commission Interpretation of Statutory Time Limits

Case Brief

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Parties

Jacqueline Floyd

Appellant in Costs Appeal; Claimant in Original Proceedings

S

Defendant in Original Proceedings

Legal Services Commission

Respondent in Costs Appeal

Procedural Posture

Costs Appeal / Appeal From Costs Judge's Decision

Legal Issues

  1. 1 Whether the Civil Procedure Rules (CPR) allow the court to extend time for a non-funded party to apply for costs against the Legal Services Commission beyond the three-month limit in Regulation 5 of the Community Legal Service (Cost Protection) Regulations 2000
  2. 2 Whether the Costs Judge erred in law by holding that he had no discretion to extend time absent good reason for delay

Ratio Decidendi

The Civil Procedure Rules and Practice Direction cannot override the mandatory statutory time limit in Regulation 5 of the Community Legal Service (Cost Protection) Regulations 2000; the court has no discretion to extend time for a non-funded party to apply for costs against the Legal Services Commission unless good reason for delay is shown. No good reason was advanced in this case, so the application was properly dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; parties to make written or oral submissions as to costs of the appeal within 14 days or as otherwise agreed.