Burkett, R (on the application of) v London Borough of Hammersmith & Fulham

Burkett, R (on the application of) v London Borough of Hammersmith & Fulham

The court has discretion to order set-off of costs between a legally aided party and the opposing party, and the existence of the LSC's interest in the costs does not preclude such set-off. The costs order is made in favour of the party, not the LSC, and the statutory scheme does not prohibit set-off. The judge's exercise of discretion was lawful and appropriate.

Parties
Claimant/appellant: Sonia Burkett; Defendant/respondent: London Borough of Hammersmith and Fulham; Intervener: Legal Services Commission; Intervener: Law Society
Jurisdiction
England and Wales
Judgment Date
15 October 2004
Procedural Posture
Civil Appeal (costs in Judicial Review) / Appeal From High Court to Court of Appeal; Post Judgment Costs Order
Outcome
Appeal dismissed
Legal Topics
Set Off of Costs, Legal Aid Costs Protection, Discretion in Costs Orders, Mutuality in Set Off, Public Funding of Litigation
Civil Procedure Costs Law Legal Aid Set Off of Costs Legal Aid Costs Protection Discretion in Costs Orders Mutuality in Set Off Public Funding of Litigation

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Parties

Sonia Burkett

Claimant/appellant

London Borough of Hammersmith and Fulham

Defendant/respondent

Legal Services Commission

Intervener

Law Society

Intervener

Procedural Posture

Civil Appeal (costs in Judicial Review) / Appeal From High Court to Court of Appeal; Post Judgment Costs Order

Legal Issues

  1. 1 Whether a court may order set-off of costs between a legally aided party and the opposing party under the Access to Justice Act 1999 regime
  2. 2 Whether the costs awarded to a legally aided party 'belong' to the Legal Services Commission, precluding set-off for lack of mutuality
  3. 3 Whether the judge had discretion to order set-off of costs in these circumstances

Ratio Decidendi

The court has discretion to order set-off of costs between a legally aided party and the opposing party, and the existence of the LSC's interest in the costs does not preclude such set-off. The costs order is made in favour of the party, not the LSC, and the statutory scheme does not prohibit set-off. The judge's exercise of discretion was lawful and appropriate.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Respondents' costs of the appeal if not agreed
  • Application for permission to appeal to House of Lords refused