Cavaliere v Legal Services Commission

Cavaliere v Legal Services Commission

The Claimant holds the sum of £46,222.27, representing the costs paid by the Legal Services Commission, on constructive trust for the Commission out of the monies recovered from Equitas, as it would be inequitable for her to retain the full benefit without repaying the public funds advanced for the original litigation.

Parties
Claimant: Eileen Cavaliere; Defendant: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
25 February 2003
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Statutory Charge, Constructive Trusts, Legal Aid Recovery, Third Parties (rights Against Insurers) Act 1930
Civil Procedure Legal Aid Statutory Charge Constructive Trusts Legal Aid Recovery Third Parties (rights Against Insurers) Act 1930

Case Brief

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Parties

Eileen Cavaliere

Claimant

Legal Services Commission

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the Legal Services Commission is entitled to a statutory charge or constructive trust over monies recovered from insurers under the Third Parties (Rights Against Insurers) Act 1930 after judgment against an insolvent defendant obtained with legal aid.

Ratio Decidendi

The Claimant holds the sum of £46,222.27, representing the costs paid by the Legal Services Commission, on constructive trust for the Commission out of the monies recovered from Equitas, as it would be inequitable for her to retain the full benefit without repaying the public funds advanced for the original litigation.

Court Disposition

Claim dismissed

Orders

  • The Claimant is not entitled to a declaration that she is entitled to the entirety of the monies recovered from Equitas.
  • The Claimant holds £46,222.27 on trust for the Legal Services Commission, who are entitled to payment of that sum.