Ryan v Dunscrest Ltd.

Ryan v Dunscrest Ltd.

The Legal Services Commission funding certificate was limited to the application for permission to appeal the order of 20 December 2001, and did not cover the merits appeal. Costs protection and LSC liability are restricted to the scope of the certificate as defined by its wording and relevant regulations.

Parties
Claimant/appellant: Glyn Patrick Ryan; Defendant/respondent: Dunscrest Limited; Interested Party: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
07 May 2004
Procedural Posture
Costs Determination / Judgment on Preliminary Issue
Outcome
Certificate limited to application for permission to appeal the order of 20 December 2001; costs protection restricted accordingly.
Legal Topics
Legal Aid Funding, Costs Protection, Scope of Funding Certificate, Detailed Assessment
Civil Procedure Costs Legal Aid Funding Costs Protection Scope of Funding Certificate Detailed Assessment

Case Brief

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Parties

Glyn Patrick Ryan

Claimant/appellant

Dunscrest Limited

Defendant/respondent

Legal Services Commission

Interested Party

Procedural Posture

Costs Determination / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether the Legal Services Commission funding certificate covered the entire appeal or only the application for permission to appeal the order of 20 December 2001
  2. 2 Extent of costs protection for the Claimant under the Access to Justice Act 1999 and CLS (Costs Protection) Regulations 2000
  3. 3 Liability for costs between the Claimant, Defendant, and Legal Services Commission

Ratio Decidendi

The Legal Services Commission funding certificate was limited to the application for permission to appeal the order of 20 December 2001, and did not cover the merits appeal. Costs protection and LSC liability are restricted to the scope of the certificate as defined by its wording and relevant regulations.

Court Disposition

Certificate limited to application for permission to appeal the order of 20 December 2001; costs protection restricted accordingly.

Orders

  • Detailed assessment hearing vacated and to be fixed.
  • Preliminary issue adjourned to be heard on 12 March 2004.