Morgan & Ors v The Legal Aid Board [2000] EWHC 462 (Ch) (12 April 2000)

Morgan & Ors v The Legal Aid Board [2000] EWHC 462 (Ch) (12 April 2000)

The Legal Aid Board is not entitled to a statutory charge over the land because the land was not in issue in the proceedings, nor was its release from mortgage a substitution for property in issue; the release was an inevitable by-product of settlement, and the land was transferred to the Company, not retained by the Claimants.

Citation
[2000] EWHC 462 (Ch)
Parties
Claimants: Colin Morgan, David Morgan, Margaret Morgan; Applicant/respondent: Legal Aid Board
Jurisdiction
England and Wales
Judgment Date
12 April 2000
Procedural Posture
Civil / First Instance Judgment on Applications for Determination of Statutory Charge
Outcome
Claimants' application allowed; Board's application dismissed
Legal Topics
Legal Aid Statutory Charge, Compromise and Settlement, Property Recovered or Preserved, Interpretation of Legal Aid Act 1988 S.16
Civil Procedure Property Law Legal Aid Statutory Charge Compromise and Settlement Property Recovered or Preserved Interpretation of Legal Aid Act 1988 S.16

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Parties

Colin Morgan, David Morgan, Margaret Morgan

Claimants

Legal Aid Board

Applicant/respondent

Procedural Posture

Civil / First Instance Judgment on Applications for Determination of Statutory Charge

Legal Issues

  1. 1 Whether the Legal Aid Board is entitled to a statutory charge over land transferred as part of a settlement under s.16(6) and/or (7) of the Legal Aid Act 1988
  2. 2 Whether property not in issue in the proceedings but released from mortgage as part of settlement is subject to the statutory charge

Ratio Decidendi

The Legal Aid Board is not entitled to a statutory charge over the land because the land was not in issue in the proceedings, nor was its release from mortgage a substitution for property in issue; the release was an inevitable by-product of settlement, and the land was transferred to the Company, not retained by the Claimants.

Court Disposition

Claimants' application allowed; Board's application dismissed

Orders

  • No order for costs except Legal Aid assessment of Claimants' costs
  • Permission to appeal granted to the Board