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) of the Access to Justice Act 1999 does not attach to the sums paid to the claimant in settlement of her professional negligence claim against her former solicitors, as those sums were not recovered in connection with the proceedings for which public funding was provided (the original clinical negligence claim).

Citation
[2009] EWHC 1562 (QB)
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 / Preliminary Issue Trial in High Court Following Transfer From County Court
Outcome
Declaration granted in favour of the Claimant; permission to appeal granted.
Legal Topics
Statutory Charge, Access to Justice Act 1999, Legal Aid Costs, Interpretation of Statutes, Professional Negligence by Solicitors
Civil Procedure Legal Aid Professional Negligence Statutory Charge Access to Justice Act 1999 Legal Aid Costs Interpretation of Statutes Professional Negligence by Solicitors

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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 / Preliminary Issue Trial in High Court Following Transfer From County 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, where public funding had been provided for the original clinical negligence claim?
  2. 2 Is the settlement sum from the professional negligence claim subject to a first charge for costs incurred in the original, failed, clinical negligence claim?

Ratio Decidendi

The statutory charge under section 10(7) of the Access to Justice Act 1999 does not attach to the sums paid to the claimant in settlement of her professional negligence claim against her former solicitors, as those sums were not recovered in connection with the proceedings for which public funding was provided (the original clinical negligence claim).

Court Disposition

Declaration granted in favour of the Claimant; permission to appeal granted.

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.