The defendant requested access to the plaintiff’s property to measure movement, as part of associated litigation, involving a negligent survey by the defendants. The plaintiffs claimed the building was beyond repair and required to be demolished. Held: The monitoring could have been carried out before. Decisions had already been made which would make the monitoring … Continue reading Cliffe and Another v Forrester (No 2): CA 4 Mar 1999
The claimant sought an order requiring delivery of possession of land occupied by the respondent objectors. They needed to remove trees from the land in order to construct a runway on their own adjacent land. The claimant had been granted a licence to enter on the land to remove the trees. The respondents said the … Continue reading Manchester Airport Plc v Dutton and others: CA 23 Feb 1999
Courts should be careful before allowing unqualified persons to represent other parties at court. Pleadings and similar documents must be signed by the party or their qualified legal representative. Others signing them may be in contempt of court and committing criminal offences. A McKenzie friend had no right to act as such, only the right … Continue reading Noueiri v Paragon Finance Plc (Practice Note): CA 19 Sep 2001
ECJ Grand Chamber – Fixed-term employment – Directive 1999/70/EC – Framework agreement on fixed-term work – Abuse through use of successive fixed – term employment contracts – Civil and public servants – Employment conditions – Pay and pension entitlements – Direct effect of directives – Interpretation in conformity with a directive – Procedural autonomy – … Continue reading Impact v Minister for Agriculture and Food: ECJ 15 Apr 2008
(External relations) Article 234 EC (ex-Article 177) – EEA Agreement – Jurisdiction of the Court of Justice – Accession to the European Union – Directive 80/987/EEC – Liability of a StateAdvocate General Jacobs said: ‘Retroactive effect consists in the application of the rule to situations which were permanently fixed before that rule came into force. … Continue reading Andersson and Wakeras-Andersson v Svenska Staten: ECJ 15 Jun 1999
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The Employment Appeal Tribunal does not have jurisdiction to hear an appeal which does not set out to disturb any part of the order made by the original tribunal. There is no inherent power in the Court of Appeal to bypass the prohibition in subsection of the 1999 Act against hearing an appeal from a … Continue reading Riniker v University College London (Practice Note): CA 5 Apr 2001
The company had set up a trust for the benefit of its employees. The Inspector sought to tax the payments made into the trust as ’emoluments’ Held: The appeal was allowed. The payments were ‘potential emoluments’ which were held by the trustees ‘with a view to their becoming relevant emoluments’. The employers were not allowed … Continue reading MacDonald (HM Inspector of Taxes) v Dextra Accessories Ltd and others: CA 28 Jan 2004
Judges: Lord Justice General and Lord Dawson and Lord Sutherland Citations: [1999] ScotHC 246, 2000 SCCR 151, 2000 JC 271, 2000 SLT 239, 1999 GWD 39-1886 Links: Bailii Jurisdiction: Scotland Cited by: Cited – Cadder v Her Majesty’s Advocate SC 26-Oct-2010 Statement without lawyer access was inadmissible The accused complained that he had been convicted … Continue reading Paton v Procurator Fiscal, Alloa; Paton v Ritchie: HCJ 24 Nov 1999
(Bahamas) The applicants appealed against sentences of death, saying that the executions would be unlawful while there was a pending appeal to the OAS. Held: The appeals failed. The Bahamas was a member of the Organisation of American States, but the rules of that organisation had not been incorporated into its law. The planned execution … Continue reading Higgs and Mitchell v The Minister of National Security and others: PC 14 Dec 1999
Where a body was given statutory duties, it would normally be entitled to orders restraining others from interfering with its performance of those duties. A patient detained under the Act had written a book, and the Hospital had sought to restrain its publication. It was argued that such a restraint went beyond the express powers … Continue reading Broadmoor Hospital Authority and Another v Robinson: CA 20 Dec 1999
Changes in court procedure where judges now read rather more before hand to save court time could lead to confusion as to what of the paperwork before the court was now deemed to have been read in open court and therefore in the public domain. The change in practice should not change the law. Papers … Continue reading SmithKline Beecham Biologicals SA v Connaught Laboratories Inc: CA 7 Jul 1999
Mr Pelling sought to act as a McKenzie friend. On being refused he sought judicial review of he decision to exclude him. Held: Review was refused. A McKenzie friend has himself no locus to challenge a decision by a county court judge not to allow him to be present in a chambers appointment; that right … Continue reading Regina v Bow County Court Ex parte Pelling: QBD 8 Mar 1999
Access to the court given to a McKenzie Friend should normally be given in matters in open court, but when it came to matters being heard in chambers, the judge had discretion as to who he would hear. The right is in any event that of the litigant, and not of the McKenzie friend, who … Continue reading Regina v Bow County Court, Ex Parte Pelling: CA 17 Dec 1999
Whilst the regulations which required payment of court fees in full were not ultra vires, the Lord Chancellor should acknowledge that they caused difficulty for some people seeking to commence an action, and he should consider finding some way of providing relief to avoid denying access to justice. Citations: Times 08-Jul-1999 Statutes: County Court Fees … Continue reading Ex P Scarth: CA 8 Jul 1999
The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this. Held: There existed a similar duty to hold an enhanced investigation as exists after a suicide, though: ‘The initial investigation should be prompt, … Continue reading JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department: HL 26 Nov 2008
The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013
‘A book has been cited to me: Harris Plantrose and Teck on the Arbitration Act 1996 . It explains, without giving its source, those words ‘not covered by legal provisions’. What is said is that those words were inserted to take account of particular situations in the Netherlands, Portugal and, it is believed, also Spain, … Continue reading Zealander and Zealander v Laing: 19 Mar 1999
The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed and emailed and delivered by hand at the registered offices of the company and at the private … Continue reading BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003
A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate. Held: In such cases the court must undertake a two stage examination. First it should look at the … Continue reading Home Office v Lownds (Practice Note): CA 21 Mar 2002
There was an allegation of an offence of dangerous driving contrary to section 2 of the 1988 Act. The issue was whether the car park where the driving had taken place, not being a road, was an ‘other public place’. The case turned on the fact that there was ‘no evidence of the general public … Continue reading Spence, Regina v: CACD 23 Mar 1999
The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a conditional release. He said that that was discriminatory. Held: (Lord Hughes dissenting) The appeal failed. The … Continue reading Secretary of State for Justice v MM: SC 28 Nov 2018
Application for permission to continue judicial review proceedings, permission having been refused on the papers. The challenge is brought by the claimant against a refusal by the Ministry of Justice to authorise exceptional funding, pursuant to section 6(8) subparagraph (b) of the Access to Justice Act 1999 for representation at an inquest into the death … Continue reading Greenough v Ministry of Justice: Admn 11 Sep 2013
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014
The court considered the proper basis for a success fee payable on a conditional fee agreement where, when signed, the defendant had already admitted liability. The claim was by a woman after being injured in a car driven by her brother. By the time her second form of solicitors took over the case the defendant … Continue reading C (acting by her litigation friend JF) v W: CA 19 Dec 2008
The House considered a petition by a holder of 25 of the 100 issued shares in the company against the majority shareholder. The petitioner, an ex-employee, had been taken into management and then given his shares and permitted to take 50% of the company’s profits and a salary. Later the respondent in negotiations with the … Continue reading O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999
The claimants challenged the selection by the defendant of victims of meselothemia as a group were excluded from entitlement to the recovery of success fees and insurance premiums paid by successful claimants from unsuccessful defendants. Held: The claim succeeded. The basis of the decision to exclude such claims was quite inadequate as a consultation: ‘The … Continue reading Whitston (Asbestos Victims Support Groups Forum UK), Regina (on The Application of) v Secretary of State for Justice: Admn 2 Oct 2014
Oral Agreement Creating Proprietory Estoppel The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name of the first defendant, the second … Continue reading Yaxley v Gotts and Another: CA 24 Jun 1999
The claimant appealed against refusal of a declaration that the 1976 Act infringed her human rights. She had been cohabiting for six months, when her partner was killed in an accident at work for which a third party was liable. Because she had not . .
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
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For the purpose of section 29 of the Access to Justice Act 1999, the costs incurred in respect of an ATE premium were recoverable only in the proceedings to which the policy related, ie as part of the costs of the trial if the policy related only to . .
Ancillary relief – second appeal Citations: [2006] EWCA Civ 1116 Links: Bailii Statutes: Access to Justice Act 1999 55 Jurisdiction: England and Wales Family Updated: 09 December 2022; Ref: scu.270181
The defendant had submitted after the close of the claimant’s case that it had no case to answer. The judge did not put the defendant to its election as to whether to call evidence, but instead decided to accede to the submission. The claimant now appealed that order, the defendant denied that an appeal lay. … Continue reading Neina Graham v Chorley Borough Council: CA 21 Feb 2006
The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004
The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid. Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings … Continue reading Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003
The court amended its earlier judgment as to the overall increase in the level of damages to be awarded in personal injury cases. The system enacted in the 1999 Act remains in force in relation to litigation brought pursuant to conditional fee agreements made before April 2013 Judges: Igor Judge, Baron Judge LCJ, Lord Dyson … Continue reading Simmons v Castle: CA 10 Oct 2012
The claimant had been a defendant in an action. He came to be awarded substantial damages and costs, but the legally aided claimant was unlikely ever to be able to pay, and he sought payment of his costs under the Regulations. The respondent said that costs in respect of a period between the transfer of … Continue reading Rayner v The Lord Chancellor: CA 9 Nov 2015
The court was asked as to the destination of appeals in certain possession cases. Judges: Hickinbottom J Citations: [2012] EWHC 1620 (QB) Links: Bailii Statutes: Access to Justice Act 1999 (Destination of Appeals Order) 2000 Litigation Practice Updated: 01 November 2022; Ref: scu.460441
application for permission to appeal – second application Citations: [2001] EWCA Civ 422 Links: Bailii Statutes: Access to Justice Act 1999 54 55 Jurisdiction: England and Wales Litigation Practice Updated: 17 October 2022; Ref: scu.200930
Appeal against rejection of leave to appeal – no jurisdiction Citations: [2001] EWCA Civ 1758 Links: Bailii Statutes: Access to Justice Act 1999 54(4) Jurisdiction: England and Wales Litigation Practice Updated: 11 October 2022; Ref: scu.218538
The appellants, owners of a motor sport racing circuit, appealed against a finding that their activities constituted a nuisance, given that they had planning permissions for the use. Held: The appeal succeeded. The judge had erred in holding that the actual use of the Stadium and the Track over a number of years, with planning … Continue reading Coventry (T/A RDC Promotions and Another v Lawrence and Others: CA 27 Feb 2012
The council had sought repossession of land occupied by the defendant gypsies. The council won its case and an order for costs in the House of Lords. The defendants had been legally aided, and the council had sought payment by the Community Legal Services Fund. Judges: Aikens, Tomplinson LJJ, Dame Janet Smith Citations: [2012] EWCA … Continue reading Leeds City Council v Price and Others: CA 2 Feb 2012
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
Citations: [2002] EWCA Civ 684 Links: Bailii Statutes: Access to Justice Act 1999 54 Jurisdiction: England and Wales Citing: See Also – Plymouth City Council v Hoskin CA 18-Feb-2002 Possession order – anti-social behaviour . . Cited by: See Also – Plymouth City Council v Hoskin CA 18-Feb-2002 Possession order – anti-social behaviour . . … Continue reading Plymouth City Council v Hoskin: CA 1 May 2002
Leave to appeal was sought against a judge’s finding that he had no jurisdiction to hear an application for leave to appeal against another order itself refusing leave to appeal against a case management decision. The party had declined to make any application to the original judge. They said that were following a path they … Continue reading Slot and Slot v Isaac: CA 12 Apr 2002
LRA Claimant with legal aid obtains a partial right of way to her property in settlement of a dispute as to her rights of access. Legal Services Commission not entitled to charge over her property under section 10(7) of the Access to Justice Act 1999. Citations: [2007] EWLandRA 2006 – 1672 Links: Bailii Statutes: Access … Continue reading Legal Services Commission v Pugh (Charges and Charging Orders): LRA 21 Dec 2007
The court was asked as to its jurisdiction under the 2000 Order to hear the desired appeals. Judges: Maurice Kay VP LJ, Moore-Bick, Etherton LJJ Citations: [2011] EWHC 104 (Ch) Links: Bailii Statutes: Access to Justice Act 1999 (Destination of Appeals) Order 2000 Jurisdiction: England and Wales Litigation Practice Updated: 01 September 2022; Ref: scu.428521
Appeal against successful judicial review of refusal of legal aid for mother of deceased at inquest. Held: ‘article 2 will be engaged in the much narrower range of cases where there is at least an arguable case that the state has been in breach of its substantive duty to protect life; in such cases the … Continue reading Legal Services Commission v Humberstone, Regina (On The Application of): CA 21 Dec 2010
The claimant sought judicial review of the decision of the Defendant not to recommend that her application for public funding for representation at the inquest enquiring into the death of her son be granted. Judges: Hickinbottom J Citations: [2010] EWHC 760 (Admin), [2010] ACD 51, [2010] Inquest LR 64 Links: Bailii Statutes: Access to Justice … Continue reading Humberstone, Regina (on The Application of) v Legal Services Commission: Admn 13 Apr 2010
The court considered one of the last applications for permission to seek judicial review of a Social Security Commissioner’s determination before the transfer of the Commissioner’s jurisdiction to the Upper Tribunal. Mr Eadie, for the Commissioner, submitted that, applying Sivasubramaniam and Cort, judicial review should be restricted to outright excess of jurisdiction and fundamental denials … Continue reading Wiles v Social Security Commissioner and Another: CA 16 Mar 2010
Citations: [2002] EWCA Civ 1542 Links: Bailii Statutes: Access to Justice Act 1999 54(4) Jurisdiction: England and Wales Litigation Practice Updated: 06 August 2022; Ref: scu.239611
The claimant had won an action for damages against the respondent. He was however released on licence, and subsequently became unlawfully at large. The question was whether the damages continued to be payable to him. The defendant insisted that the sum could only be paid personally, which would allow his arrest. The legal aid provisions … Continue reading Ram, Regina (on the Application Of) v Parole Board: Admn 12 Jan 2004
Renewed application for leave to appeal. Judges: Chadwick LJ Citations: [2002] EWCA Civ 817 Links: Bailii Statutes: Access to Justice Act 1999 55, European Convention on Human Rights 8 A1 FP, Administration of Justice Act 1970 36 Jurisdiction: England and Wales Citing: Appeal from – Barclays Bank plc v Alcorn ChD 2002 Hart J said: … Continue reading Barlcays Bank Plc v Alcorn: CA 17 May 2002
Sums paid out by a solicitor to his costs draughtsman are profit costs as part of the base costs to which the success fee mark-up under a conditional fee agreement applies, rather than disbursements. The defining characteristic was whether the solicitor remained responsible for the work charged. It was sensible not to overcomplicate the conditional … Continue reading Crane v Canons Leisure Centre: CA 19 Dec 2007
The Court considered the validity of after the event legal expenses insurance and conditional fee agreements schemes, and in particular whether an ATE premium was recoverable by a successful claimant. The damages had been agreed in the sum of pounds 3,105 plus interest. The case went to trial and the claimant won. The deputy district … Continue reading Rogers v Merthyr Tydfil County Borough Council: CA 31 Jul 2006
The solicitors appealed a finding that a conditional fee agreement with their client was unenforceable as against their client for failing to meet the requirements of the 1990 Act, which in turn deprived them of a right to claim the costs from the defendant. It was said that the client care letter did not show … Continue reading Gaynor v Central West London Buses Ltd: CA 28 Jul 2006
The claimant challenged the inclusion in her gross income for calculation of her eligibility to legal aid of maintenance payments received for her children who were both at University. She said that since she had responsibility for their maintenance, and they were studying away from home, they were not part of her household, and a … Continue reading Richards v The Legal Services Commission: Admn 19 Jul 2006
Citations: [2007] 1 WLR 554, [2006] EWCA Civ 1017 Links: Bailii Statutes: Courts and Legal Services Act 1990 58, Access to Justice Act 1999 27(1) Jurisdiction: England and Wales Citing: Cited – Mountain v Hastings CA 16-Apr-1993 The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord … Continue reading Garrett v Halton Borough Council: CA 18 Jul 2006
The claimants had sought court orders against the hospital to secure continuing life-supporting treatment for their daughter who had been born very severely disabled. The Trust now sought their costs from the various actions. Held: The parents should pay nothing: ‘We are very conscious of the fact that W continues to be treated by the … Continue reading D and D W v Portsmouth Hospital NHS; in re W (A Child): CA 3 May 2006
The appellant sought leave to appeal out of time against an order dismissing his action against the solicitors who had acted for his former spouse in matrimonial proceedings. Held: Leave was refused. A solicitor owes his duty to his own client, not to the opponent. The action and the appeal were totally without merit. The … Continue reading Wilkes v Ballam Delaney Hunt (A Firm): CA 18 Aug 2005
The court considered the graduated fees scheme for paying defence advocates fees in criminal cases. Judges: Walker J Citations: [2006] EWHC 3669 (QB), [2007] 3 Costs LR 366 Links: Bailii Statutes: Access to Justice Act 1999, Criminal Defence (Funding) Order 2001 Jurisdiction: England and Wales Costs Updated: 29 June 2022; Ref: scu.430506
Permission to appeal denied – no claim. Citations: [2002] EWCA Civ 1815 Links: Bailii Statutes: Access to Justice Act 1999 55 Jurisdiction: England and Wales Professional Negligence Updated: 28 June 2022; Ref: scu.217864
Ancillary relief – refusal of second tier leave to appeal Citations: [2001] EWCA Civ 1815 Links: Bailii Statutes: Access to Justice Act 1999 855 Jurisdiction: England and Wales Family Updated: 28 June 2022; Ref: scu.201461
Defendant insurers had challenged conditional fee agreements involving a two stage success fee. Both cases took place before limitations were introduced by Callery v Gray. Held: It would be wrong to apply Callery v Gray retrospectively. A two stage conditional success fee was to be encouraged. The success fee might properly be raised to up … Continue reading Atack v Lee and Another: CA 16 Dec 2004
The claimant sought leave to appeal against refusal of his claim for judicial review of a decision by the repondent to grant him exceptional funding for legal representation in a claim before an Employment Tribunal. Held: Leave was refused. The judge’s dismissal of the application was inevitable. Judges: Robert Walker LJ Citations: [2001] EWCA Civ … Continue reading Bewry, Regina (on the Application of) v Legal Services Commission: CA 11 May 2001
The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2002
Citations: [2001] EWCA Civ 134, (2001) 33 HLR 70, [2001] CP Rep 70 Links: Bailii Statutes: Access to Justice Act 1999 54, Civil Procedure Rules 52 Jurisdiction: England and Wales Housing, Litigation Practice Updated: 18 June 2022; Ref: scu.217917
There was a boundary dispute. The judge in the County Court had made an error. Counsel had offered to apply to amend the order under the slip rule, and therefore the judge had refused leave to appeal. Held: This was an application for leave to apply for a second appeal, and such appeals only very … Continue reading Markos v Goodfellow and Barke and Barke: CA 26 Jul 2001
Citations: [2004] EWCA Civ 738 Links: Bailii Statutes: Access to Justice Act 1999 59 Jurisdiction: England and Wales Litigation Practice, Family Updated: 11 June 2022; Ref: scu.198490
The Accident Group operated a system whereby they introduced potential claimants to personal injury lawyers, arranging costs insurance for them. They appealed a finding that the payment was made in breach of the 1990 code, and was not recoverable. Held: The appeal was dismissed. The company making the risk assessment operated as agent of the … Continue reading The Accident Group Test Cases; Sharratt v London Central Bus Company and Other Cases: CA 20 May 2004
The claimant sought payment as part of its costs of the legal expenses insurance premium it had paid in the period between April 1 and July 2000. The respondent said it had not complied with the rules. This was required by the Act. Held: The Act came into effect on April 1st, but the rules … Continue reading Inline Logistics Ltd v UCI Logistics Ltd: CA 27 Mar 2002
Costs orders had been made against each party in favour of the other. One was legally aided. Held: Though the legally aided party was entitled to some protection against enforcement of an order for costs, he was not protected against the other party exercising a right of set off under the mutual costs orders. A … Continue reading Hill v Bailey: ChD 25 Nov 2003
The claimant challenged a stautory notice. The Act required the notice to be fixed to the structure in question, but because of its location, the notice was not legible without going on to private land. Held: Appeal lay here from the County Court on a preliminary decision on the law to the Court of appeal … Continue reading Sarah Lloyd Jones and others v T Mobile (Uk) Ltd: CA 31 Jul 2003
The claimants acted as franchisees of the defendants, having agreed commission arrangements for the introduction of personal injury claimants. Following new rules, the sharing of such commissions became unlawful. The parties had failed to renegotiate a fee arrangement. The defendants appealed saying that the claimants had continuing duties to the lay clients. Held: The duty … Continue reading Compensation Specialists Limited, Corry, Wright, Chapman v Compensation Claims Service Limited: CA 24 Jul 2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
The parties sought repayment as part of their costs of insurance premiums paid by claimants undertaking litigation. Held: The underwriters charged andpound;140.00 for each case. Claims Direct charged a premium of andpound;1,250.00 for each case, and out of which they paid the underwriters. The underwriters would not insure unless appropriate arrangements were in place for … Continue reading In re Claims Direct Test Cases: CA 12 Feb 2003
The defendant complained that the agreement under which the claimant’s solicitors had continued to act on his behalf, despite any realistic prospect of him ever being able to pay their costs, was a sham, and requested a full hearing to determine whether he would be able to pay those costs. Held: The solicitors were entitled … Continue reading Burstein v Times Newspapers Ltd (No 2): CA 28 Nov 2002
The claimant had succeeded in his claim for personal injuries, and had issued costs only proceedings. The defendant challenged the ‘success fee’ claimed as part of the conditional fee arrangement. Held: The costs recoverable were to be reasonable and proportionate. The success fee was not to be judged with hindsight, but must allow for where … Continue reading Halloran v Delaney: CA 6 Sep 2002
The applicants sought to appeal on two matters where they had questions of practice in the conduct of personal injury claims. These were as to whether after-the-event cover purchased under section 29 amounted to insurance premiums, and the setting of how much was a reasonable sum to be recovered in such cases. Held: The Court … Continue reading In re Claims Direct Test Cases: CA 19 Mar 2002
The applicant sought to appeal a refusal to grant him permission to renew an oral application for leave to appeal. The respondent had appeared at the initial unsuccessful application, and had been awarded costs although there appeared to be no provision for their appearance. Held: The Rules contained inconsistencies, and needed clarification. The Court of … Continue reading Jolly v Jay and Another: CA 7 Mar 2002
A multi-track case had been settled. The District judge had ordered that there be no costs awarded. The appellant sought to appeal to the Court of Appeal. The appeal had been rejected by the costs office who said that such an appeal lay only to the circuit judge. Held: Jurisdiction lay with the Court of … Continue reading Dooley v Parker and Parker: CA 7 Feb 2002
The applicant sought to appeal against a refusal of leave to appeal against an arbitration. There had been some delay for the applicant’s health. Held: Leave to appeal having been refused there was no further right of appeal under the 1999 Act. A court will not entertain judicial review proceedings where an alternative remedy subsists. … Continue reading Regina (on the Application of Sivasubramaniam) v Wandsworth County Court: Admn 13 Dec 2001
Application for leave to apply for judicial review of a decision of a county court judge. The claim was as to the refusal of a licence to the claimant to work as a taxi driver. Held: Leave was refused. Hooper J said: ‘This case and another case were listed before me because the Administrative Court … Continue reading Mahon, Regina (on the Application of) v Taunton County Court: Admn 13 Dec 2001
Those issuing proceedings, anticipating no dispute as to the facts, and therefore using Part 8, should remain aware of the fact that, upon a dispute, and in the absence of a judge explicitly reallocating the claim to the multitrack, the court rules would do the same by default, with the further effect of disallowing any … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2001
The applicant sought to appeal from an order refusing leave to appeal out of time. There was no second appeal inherent in such a case where the court had not additionally considered and refused the leave to appeal itself. A refusal to extend time dealt with a different issue to the grant of leave to … Continue reading Foenander v Bond Lewis and Co: CA 23 May 2001
The claimant succeeded in an action for negligence against the respondent solicitors. The court required her to submit to a psychiatric examination to allow assessment of her claim. In default the entire action was to be stayed. She refused, and appealed, saying that her right to a fair trial had been infringed. Held: The court … Continue reading James v Baily Gibson and Co (a firm): CA 30 Oct 2002
Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope for a further appeal to the House of Lords. It is not the … Continue reading Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000
The effect of revocation of a party’s emergency civil legal aid certificate was that he was to be deemed never to have been an assisted person. Accordingly where two costs orders had been made in interlocutory proceedings, and the defendant had been protected from an order for costs because of the legal aid certificate, it … Continue reading Deg-Deutsche Investitions Und Entwicklungsgesellshaft Mbh v Koshy and Others: CA 20 Feb 2001
The complainant wrote to the Legal Services Commission to request a copy of a report it had received in connection with an application for legal aid. The public authority refused the request under section 44 of the Act which provides for an exemption where disclosure is prohibited under any other law or enactment. The public … Continue reading Legal Services Commission (Decision Notice): ICO 7 Jul 2008
Where a judge, on an oral application, gave leave to appeal, but limited it to certain issues, it was not for the party on the later substantive appeal to try again to re-open issues which that judge had considered and excluded. Once leave to appeal had been granted after first written and then oral submissions, … Continue reading Fieldman and Another v Markovitch and Another: CA 4 Jul 2001
The council brought care proceedings. A residential assessment was to be ordered. The Council sought an order for the respondent mother who was legally aided to bear a portion of the cost of the assessment. The Legal Services Commission intervened to object to any order to pay any contribution to the costs. Held: An assessment … Continue reading Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005
The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates. Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the … Continue reading Westminster City Council v O’Reilly and others: CA 1 Jul 2003
(Practice Note) The solicitor appealed an order which made the success fee payable different at different stages of the court action. Held: The court had no power to make such an order. To the extent that the CPR might suggest otherwise they were wrong. ‘a practice direction has no legislative force. Practice directions provide invaluable … Continue reading KU (A Child) v Liverpool City Council: CA 27 Apr 2005
Consequences of invalidity of conditional fee agreement. Citations: [2018] EWCA Civ 1629 Links: Bailii Statutes: Access to Justice Act 1999 27 Jurisdiction: England and Wales Legal Professions Updated: 25 April 2022; Ref: scu.619388
On the 01 January 2005 the complainant requested, a copy of two reports which were ‘ordered and received: (a) from Dr [name redacted] at the Royal Free Hospital, (b) From Professor [name redacted] /Unigenetics Ltd, at the Coombe Women’s Hospital, Dublin.’ The complainant also asked for additional information relating to the funding by the Legal … Continue reading Legal Services Commission (Decision Notice): ICO 30 Aug 2007
The issue raised by this appeal is neatly put in paragraph 1 of Mr Justice Lightman’s judgment: ‘This appeal raises questions as to the application and effect of Section 11 of the Access to Justice Act 1999 and the Community Legal Services (Costs) Regulations 2000 made thereunder. These statutory provisions apply where a party is … Continue reading Hill v Bailey: SCCO 25 Nov 2003
