Stacey v Player [2004] EWHC 90028 (Costs) (16 March 2004)

Stacey v Player [2004] EWHC 90028 (Costs) (16 March 2004)

The claimant's legal aid certificate covered the preliminary issue, so the Legal Aid Board was liable for the claimant's costs. Any costs paid by M should be reimbursed, and the breach of Regulation 64 did not preclude a costs order against the defendant if the improper payments were refunded.

Citation
[2004] EWHC 90028 (Costs)
Parties
Claimant: Peter Stacey; Defendant: Peter Val Player
Jurisdiction
England and Wales
Judgment Date
16 March 2004
Procedural Posture
Costs Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Costs Orders, Legal Aid Certificate Scope, Breach of Regulation 64
Civil Procedure Legal Aid Costs Orders Legal Aid Certificate Scope Breach of Regulation 64

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Stacey

Claimant

Peter Val Player

Defendant

Procedural Posture

Costs Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the claimant's legal aid certificate covered the preliminary issue
  2. 2 Whether receipt of costs from a third party (M) in breach of Regulation 64 precluded a costs order against the defendant

Ratio Decidendi

The claimant's legal aid certificate covered the preliminary issue, so the Legal Aid Board was liable for the claimant's costs. Any costs paid by M should be reimbursed, and the breach of Regulation 64 did not preclude a costs order against the defendant if the improper payments were refunded.

Court Disposition

Appeal allowed

Orders

  • Claimant entitled to costs of the preliminary issue against the defendant, subject to reimbursement of any costs paid by M