Gareth Pearce v Ove Arup Partnership Ltd etc: ChD 29 Jun 2004

The claimant had issued one set of proceedings which were served out of time, and then a second writ was issued. The Regulations provided that a legal aid certificate should not ‘relate to more than one action, cause of matter’ The defendant obtained an order that the claimant was not entitled to his costs because of the regulation.
Held: The Regulations had to be construed purposively. The words referred to the method of commencing proceedings or to different types of proceedings. The claimant’s appeal was allowed.
The Honourable Mr Justice Peter Smith Costs Judge Wright Mr Peter Todd
[2004] EWHC 1531 (Ch), Times 26-Aug-2004, [2006] 1 WLR 18, [2004] 4 Costs LR 631
Civil Legal Aid (General) Regulations 1989 46(3)
England and Wales

Updated: 30 July 2021; Ref: scu.198483