Kelly v South Manchester Health Authority: 1997

A costs order was sought against the Legal Aid Board.
Thomas J. said: ‘In my judgment, the courts do have power in an appropriate and exceptional case to make an order in respect of costs against the board under section 51(1); the role of the board in litigation in which it is assisting one of the parties is a crucial one. The board’s efficient performance of its statutory duties is crucial to the proper and expeditious conduct of such litigation and the courts have an essential interest in seeing that those functions are performed in such a way that litigation is effectively progressed.’


Thomas J


[1997] 3 All ER 274


Supreme Courts Act 1981 51(1)


England and Wales

Cited by:

Appeal fromKelly v South Manchester Health Authority CA 7-May-1998
The Court refused to award costs against the Legal Aid Board, but accepted that, in exceptional circumstances, an order may be made if they had made a contribution by delay which added to the costs of the action. . .
CitedHB v PB FD 9-Jul-2013
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report . .
Lists of cited by and citing cases may be incomplete.


Updated: 08 May 2022; Ref: scu.676996