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 require damages to be paid through the solicitors, so as to allow enforcement of the statutory charge.
Held: At the time of the award, the claimant was lawfully at large. As to the application for leave to appeal, it could not be said that the claimant’s recall was not foreseeable, and therefore the conditions in Barder were not fulfilled. On the other hand specific performance as requested by the claimant was not available against the Crown under the 1947 Act save by discretion. That discretion could be exercised here to disallow any payment getting to the claimant whilst he was unlawfully at large.
 EWHC 1 (Admin)
Access to Justice Act 1999 10(7), Community Legal Service (Costs) Regulations 2000 18, Crown Proceedings Act 1947 25
England and Wales
Cited – Barder v Barder; Barder v Caluori HL 1988
Later Event no ground to appeal from consent order
The matrimonial home had been owned jointly by the husband and wife. In divorce proceedings, an order was made by consent that the husband should transfer his interest in the home to the wife within 28 days. Before the order had been executed, the . .
Approved – S v S (Ancillary Relief: Consent Order) FD 4-Mar-2002
An order for ancillary relief had been made by consent. Later the House of Lords issued a judgment which changed the law which had been the basis of the decision to accept the settlement. The wife now sought to set aside the consent order, and . .
Cited – Lamare v Dixon HL 1873
The respondent resisted an order for specific performance of a contract, saying that the plaintiffs had reneged on an essential promise in a collateral contract.
Held: The defence failed. Lord Chelmsford said: ‘The exercise of the jurisdiction . .
These lists may be incomplete.
Updated: 12 February 2021; Ref: scu.191230