Hill v Bailey

Hill v Bailey

Section 11 of the Access to Justice Act 1999 and the Community Legal Service (Costs) Regulations 2000 do not prevent a party from seeking detailed assessment of costs for the purpose of set-off against an assisted person; statutory costs protection applies only to enforceable orders for payment, not to set-off. Delay in seeking assessment does not bar the Defendant from assessment, though limited sanctions may apply.

Parties
Claimant: John Robin Bertram Hill; Defendant: Thomas Anstey Bailey
Jurisdiction
England and Wales
Judgment Date
25 November 2003
Procedural Posture
Appeal / Judgment on Appeal Against Costs Office Decision
Outcome
Appeal allowed; orders of Master Wright set aside; matter remitted for detailed assessment.
Legal Topics
Legal Aid, Costs Assessment, Set Off, Limitation
Civil Procedure Costs Legal Aid Costs Assessment Set Off Limitation

Case Brief

Summary, issues, holding and outcome

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Parties

John Robin Bertram Hill

Claimant

Thomas Anstey Bailey

Defendant

Procedural Posture

Appeal / Judgment on Appeal Against Costs Office Decision

Legal Issues

  1. 1 Does section 11 of the Access to Justice Act 1999 and the Community Legal Service (Costs) Regulations 2000 prevent set-off of costs against an assisted person?
  2. 2 Is the Defendant time-barred from seeking detailed assessment of costs?
  3. 3 Does delay in seeking assessment disentitle the Defendant to assessment?

Ratio Decidendi

Section 11 of the Access to Justice Act 1999 and the Community Legal Service (Costs) Regulations 2000 do not prevent a party from seeking detailed assessment of costs for the purpose of set-off against an assisted person; statutory costs protection applies only to enforceable orders for payment, not to set-off. Delay in seeking assessment does not bar the Defendant from assessment, though limited sanctions may apply.

Court Disposition

Appeal allowed; orders of Master Wright set aside; matter remitted for detailed assessment.

Orders

  • Orders of Master Wright dated 11 March 2003 and 1 May 2003 set aside.
  • Matter remitted to Master Wright for detailed assessment of Defendant's costs.