Cassidy v Stephensons & Anor

Cassidy v Stephensons & Anor

The statutory charge under section 10(7) Access to Justice Act 1999 does not attach to sums paid to the claimant under the professional negligence settlement because those sums were not recovered in the proceedings or dispute for which public funding was provided. The charge only applies to property recovered or preserved in the funded proceedings, not to subsequent claims for professional negligence against solicitors.

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 Determination in High Court Following Transfer From County Court
Outcome
Declaration granted in favour of the claimant; permission to appeal granted.
Legal Topics
Statutory Charge, Interpretation of Access to Justice Act 1999, Costs Recovery, Legal Aid Funding, Professional Negligence by Solicitors
Civil Procedure Legal Aid Professional Negligence Statutory Charge Interpretation of Access to Justice Act 1999 Costs Recovery Legal Aid Funding Professional Negligence by Solicitors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 Determination 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 under a professional negligence settlement against her former solicitors?
  2. 2 Does the statutory charge apply to costs paid by the Legal Services Commission in respect of services provided in failed clinical negligence proceedings?

Ratio Decidendi

The statutory charge under section 10(7) Access to Justice Act 1999 does not attach to sums paid to the claimant under the professional negligence settlement because those sums were not recovered in the proceedings or dispute for which public funding was provided. The charge only applies to property recovered or preserved in the funded proceedings, not to subsequent claims for professional negligence against solicitors.

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.