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 do not override or amend the mandatory requirements of regulation 5 of the Community Legal Service (Cost Protection) Regulations 2000; the court has no discretion to extend time or grant relief from sanction unless good reason for delay is shown; no good reason was advanced; the costs judge was correct in law.

Citation
[2010] EWHC 906
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 Sanction, Costs Orders Against Legal Services Commission, Community Legal Service (cost Protection) Regulations 2000, Civil Procedure Rules Applicability
Civil Procedure Legal Aid Extension of Time Relief From Sanction Costs Orders Against Legal Services Commission Community Legal Service (cost Protection) Regulations 2000 Civil Procedure Rules Applicability

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 permit extension of time for late costs applications against the Legal Services Commission
  2. 2 Whether the Costs Judge erred in law by not exercising discretion to extend time or grant relief from sanction
  3. 3 Interpretation of regulation 5 of the Community Legal Service (Cost Protection) Regulations 2000

Ratio Decidendi

The Civil Procedure Rules and Practice Direction do not override or amend the mandatory requirements of regulation 5 of the Community Legal Service (Cost Protection) Regulations 2000; the court has no discretion to extend time or grant relief from sanction unless good reason for delay is shown; no good reason was advanced; the costs judge was correct in law.

Court Disposition

Appeal dismissed

Orders

  • Written submissions as to costs of the appeal to be filed within 14 days from the date of the sealed order; parties may request oral submissions if desired.