Manolete Partners PLC v White [2024] EWCA Civ 1558 (12 December 2024)

Manolete Partners PLC v White [2024] EWCA Civ 1558 (12 December 2024)

The court is not required to replicate set off arrangements in pro bono costs orders under section 194. The legislative purpose of section 194 is best served by making an unconditional order for payment to the Access to Justice Foundation, even where the successful pro bono party owes a judgment debt to the paying party.

Citation
[2024] EWCA Civ 1558
Parties
Applicant/respondent: Manolete Partners plc; Respondent/appellant: Ian Russell White
Jurisdiction
England and Wales
Judgment Date
12 December 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Costs Following Substantive Appeal
Outcome
Appeal on costs allowed in part; unconditional pro bono costs order made
Legal Topics
Pro Bono Costs Orders, Set Off Against Judgment Debt, Section 194 Legal Services Act 2007, Access to Justice Foundation
Civil Procedure Costs Pro Bono Costs Orders Set Off Against Judgment Debt Section 194 Legal Services Act 2007 Access to Justice Foundation

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Parties

Manolete Partners plc

Applicant/respondent

Ian Russell White

Respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Costs Following Substantive Appeal

Legal Issues

  1. 1 Whether a pro bono costs order under section 194 Legal Services Act 2007 should be reduced or made conditional due to the successful party owing a judgment debt to the paying party
  2. 2 Whether the court must replicate set off arrangements in pro bono costs orders

Ratio Decidendi

The court is not required to replicate set off arrangements in pro bono costs orders under section 194. The legislative purpose of section 194 is best served by making an unconditional order for payment to the Access to Justice Foundation, even where the successful pro bono party owes a judgment debt to the paying party.

Court Disposition

Appeal on costs allowed in part; unconditional pro bono costs order made

Orders

  • Manolete to pay £85,000 to the Access to Justice Foundation under section 194 Legal Services Act 2007
  • Manolete to pay Mr. White's conventional costs of the application and filing of the Appellant's Notice, to be assessed if not agreed, with set off against the judgment debt