Floyd & Anor v Legal Services Commission

Floyd & Anor v Legal Services Commission

The court held that the relevant regulations governing costs orders against the Legal Services Commission are clear and mandatory, requiring a request to be made within three months of the Section 11(1) costs order unless good reason for delay is shown. The Civil Procedure Rules and Practice Direction cannot override or amend these statutory requirements. As no good reason for delay was advanced, the costs judge was correct to dismiss the application.

Parties
Appellant/claimant: Jacqueline Floyd; Defendant: S; Respondent: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
28 April 2010
Procedural Posture
Costs Appeal / Appeal From Decision of Costs Judge
Outcome
Appeal dismissed
Legal Topics
Extension of Time, Relief From Sanctions, Legal Aid Costs, Interpretation of Regulations, Practice Directions
Civil Procedure Costs Extension of Time Relief From Sanctions Legal Aid Costs Interpretation of Regulations Practice Directions

Case Brief

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Parties

Jacqueline Floyd

Appellant/claimant

S

Defendant

Legal Services Commission

Respondent

Procedural Posture

Costs Appeal / Appeal From Decision of Costs Judge

Legal Issues

  1. 1 Whether the Civil Procedure Rules (CPR) and Practice Direction allow the court to extend time for a non-funded party to apply for costs against the Legal Services Commission beyond the three-month limit in regulation 5 of the Community Legal Service (Cost Protection) Regulations 2000
  2. 2 Whether the costs judge erred in law by holding that he had no discretion to extend time absent good reason for delay

Ratio Decidendi

The court held that the relevant regulations governing costs orders against the Legal Services Commission are clear and mandatory, requiring a request to be made within three months of the Section 11(1) costs order unless good reason for delay is shown. The Civil Procedure Rules and Practice Direction cannot override or amend these statutory requirements. As no good reason for delay was advanced, the costs judge was correct to dismiss the application.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed; costs to be determined after written submissions within 14 days or at a further hearing if requested.