Brawley v Marczynski & Anor No.2 [2002] EWCA Civ 1453 (21 October 2002)

Brawley v Marczynski & Anor No.2 [2002] EWCA Civ 1453 (21 October 2002)

There is no legal impediment to awarding indemnity costs to a legally aided litigant under the current regulations; the judge's decision to award indemnity costs due to the defendants' unreasonable conduct was within his discretion.

Source-derived case information.

Citation
[2002] EWCA Civ 1453
Parties
Claimant/respondent: Brawley; Defendants/appellants: Marczynski & Anor; Intervener: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
21 October 2002
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division, Patents Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Indemnity Costs, Legal Aid Regulations, Discretion in Awarding Costs, Standard Vs Indemnity Basis, Conduct of Litigation
Civil Procedure Costs Legal Aid Indemnity Costs Legal Aid Regulations Discretion in Awarding Costs Standard Vs Indemnity Basis Conduct of Litigation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Brawley

Claimant/respondent

Marczynski & Anor

Defendants/appellants

Legal Services Commission

Intervener

Procedural Posture

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

Legal Issues

  1. 1 Whether indemnity costs can be awarded to a legally aided litigant under current regulations
  2. 2 Whether the judge properly exercised discretion in awarding indemnity costs

Ratio Decidendi

There is no legal impediment to awarding indemnity costs to a legally aided litigant under the current regulations; the judge's decision to award indemnity costs due to the defendants' unreasonable conduct was within his discretion.

Court Disposition

Appeal dismissed

Orders

  • Order for indemnity costs at first instance upheld
  • Respondents awarded costs of the appeal on the standard basis only