Cassidy v Stephensons & Anor [2009] EWHC 1562 (QB) (23 June 2009)

Cassidy v Stephensons & Anor [2009] EWHC 1562 (QB) (23 June 2009)

The statutory charge under section 10(7) Access to Justice Act 1999 does not attach to sums paid to the claimant in settlement of a professional negligence claim against her former solicitors, as those sums were not recovered or preserved in connection with the clinical negligence proceedings for which legal aid was granted; the statutory charge only applies to property recovered in the proceedings or dispute for which funding was provided.

Citation
[2009] EWHC 1562
Parties
Claimant: Elizabeth Cassidy (Administratrix of the Estate of Paul Nevitt deceased); First Defendant: Stephensons; Second Defendant: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
23 June 2009
Procedural Posture
Civil (declaratory Relief) / Judgment on Preliminary Issue After Transfer to High Court
Outcome
Declaration granted in favour of the Claimant.
Legal Topics
Statutory Charge, Access to Justice Act 1999, Legal Aid Costs, Interpretation of Statutes
Civil Procedure Legal Aid Professional Negligence Statutory Charge Access to Justice Act 1999 Legal Aid Costs Interpretation of Statutes

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Parties

Elizabeth Cassidy (Administratrix of the Estate of Paul Nevitt deceased)

Claimant

Stephensons

First Defendant

Legal Services Commission

Second Defendant

Procedural Posture

Civil (declaratory Relief) / Judgment on Preliminary Issue After Transfer to High Court

Legal Issues

  1. 1 Does the statutory charge under section 10(7) Access to Justice Act 1999 attach to sums paid to the claimant in settlement of a professional negligence claim against her former solicitors, in respect of costs incurred in earlier, failed, clinical negligence proceedings funded by legal aid?

Ratio Decidendi

The statutory charge under section 10(7) Access to Justice Act 1999 does not attach to sums paid to the claimant in settlement of a professional negligence claim against her former solicitors, as those sums were not recovered or preserved in connection with the clinical negligence proceedings for which legal aid was granted; the statutory charge only applies to property recovered in the proceedings or dispute for which funding was provided.

Court Disposition

Declaration granted in favour of the Claimant.

Orders

  • Declaration that sums paid by the Legal Services Commission in respect of costs incurred by the First Defendant and Lloyd Jones Associates are not charged against the sums paid to the Claimant under the 2007 compromise agreement.
  • Second Defendant to pay the costs of the Claimant and the First Defendant.