The claimant had succeeded in an action against her legally aided opponent, but then delayed in making her claim for costs against the respondent. The costs judge said that the CPR did not apply, and that he had no discretion to extend the time limit. The claimant said that a costs judge could extend the time for making the request usung the CPR.
Held: The claim failed. CPR and the Practice Direction have no relevance to the correct construction of the 2000 Regulations. The judge was given no discretion under the rules, and no good reason had been put forward to explain the delay.
Cox J DBE
[2010] EWHC 906 (QB)
Bailii
Community Legal Service (Costs Protection) Regulations 2000 5(3)(c), Civil Procedure Rules 44.17
England and Wales
Citing:
Cited – In Re C (Legal Aid: Preparation of Bill of Costs) CA 2001
The appellant argued that the Costs Practice Direction, supplementing Parts 43-48 of the CPR, had the same force in law as the Legal Aid in Family Proceedings (Remuneration) Regulations 1991; and that they impliedly amended or repealed them in so . .
Cited – Regina (Gunn) v Secretary of State for the Home Department Regina (Kelly) v Same Regina (Zahid Khan) v Same CA 14-Jun-2001
The new Regulations and court rules expressly reserved to a costs judge the decision about whether a costs order should be made against the Legal Services Commission. The former practice of the trial judge making this decision must no longer apply. . .
Cited – Sayers v Clarke Walker (A Firm) CA 10-Jul-2002
. .
Cited – Godwin v Swindon Borough Council CA 10-Oct-2001
The claimant appealed against an order striking out his claim for personal injuries. The claim had been issued in time, but not served. An extension of time was granted, and the notice sent by first class post the day before that period expired. The . .
Cited – D and D W v Portsmouth Hospital NHS; in re W (A Child) CA 3-May-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 . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Aid
Updated: 12 January 2022; Ref: scu.408682
