Smith v The Lord Chancellor & Anor [2025] EWFC 241 (01 August 2025)

Smith v The Lord Chancellor & Anor [2025] EWFC 241 (01 August 2025)

The court has no jurisdiction to make a non-party costs order against the Lord Chancellor in favour of a non-legally aided party where the application is made because legal aid was provided to another party, as this is expressly prohibited by regulation 9(2) of the Costs Regulations 2013, which is an 'enactment'...

Source-derived case information.

Citation
[2025] EWFC 241
Parties
Applicant: Darren Smith; First Respondent: The Lord Chancellor; Second Respondent: MSB Solicitors Ltd
Jurisdiction
England and Wales
Judgment Date
01 August 2025
Procedural Posture
Application for Non Party Costs Order and Non Party Disclosure Order / Judgment on Preliminary Issue of Jurisdiction
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
Non Party Costs Orders, Legal Aid, Jurisdiction, Costs in Family Proceedings
Family Law Civil Procedure Non Party Costs Orders Legal Aid Jurisdiction Costs in Family Proceedings

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Parties

Darren Smith

Applicant

The Lord Chancellor

First Respondent

MSB Solicitors Ltd

Second Respondent

Procedural Posture

Application for Non Party Costs Order and Non Party Disclosure Order / Judgment on Preliminary Issue of Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to make a non-party costs order against the Lord Chancellor in favour of a non-legally aided party due to the provision of legal aid to another party.
  2. 2 Interpretation and application of Costs Regulations 2013, regulation 9(2), and its interaction with SCA 1981, s 51.

Ratio Decidendi

The court has no jurisdiction to make a non-party costs order against the Lord Chancellor in favour of a non-legally aided party where the application is made because legal aid was provided to another party, as this is expressly prohibited by regulation 9(2) of the Costs Regulations 2013, which is an 'enactment' limiting the general discretion under SCA 1981, s 51.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • Mr Smith's application for a non-party costs order against the Lord Chancellor is dismissed.