Yenula Properties Ltd. v Naidu [2003] EWHC 9009 (Costs) (20 June 2003)

Yenula Properties Ltd. v Naidu [2003] EWHC 9009 (Costs) (20 June 2003)

The application for costs by Yenula against the Legal Services Commission is out of time and not permitted under the applicable regulations, as the substantive law is Section 17/18 of the Legal Aid Act 1988 and the mandatory three-month time limit was not complied with.

Citation
[2003] EWHC 9009 (Costs)
Parties
Claimant: Yenula Ltd; Defendant: Mr Naidu
Jurisdiction
England and Wales
Judgment Date
20 June 2003
Procedural Posture
Civil / Preliminary Issue Determination
Outcome
Application dismissed
Legal Topics
Costs, Legal Services Commission Liability, Access to Justice Act Transitional Provisions
Civil Procedure Legal Aid Costs Legal Services Commission Liability Access to Justice Act Transitional Provisions

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 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Yenula Ltd

Claimant

Mr Naidu

Defendant

Procedural Posture

Civil / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the Claimant can pursue an application for payment of costs by the Legal Services Commission under Regulation 5 Community Legal Service (Costs) Regulations 2000

Ratio Decidendi

The application for costs by Yenula against the Legal Services Commission is out of time and not permitted under the applicable regulations, as the substantive law is Section 17/18 of the Legal Aid Act 1988 and the mandatory three-month time limit was not complied with.

Court Disposition

Application dismissed

Orders

  • Preliminary issue answered in the negative
  • Parties at liberty to apply regarding costs and permission to appeal