The appellant challenged an order for costs after dismissal of her application for judicial review of the respondent’s planning decision. The claimant had been granted legal aid at about the time of the bringing in of the new legal aid scheme. The two regimes differed as to the limits applied to sums recoverable from the Legal Service Commission. The judge made an order for assessment of the council’s costs of the substantive hearing and directed that they should be set off against the claimant’s costs of the permission application.
Held: The appeal was not to be allowed, and the authority could set off its claim. Though an order had been made in favour of the claimant at one stage, the defendants could set off the later order. The result was noted by the court as disturbing because of the adverse effect it might have on an already unprofitable area of practice.
Judges:
Lord Justice Brooke Lord Justice Buxton Lord Justice Carnwath The Vice President Of The Court Of Appeal (Civil Division)
Citations:
[2004] EWCA Civ 1342, Times 20-Oct-2004
Links:
Statutes:
Community Legal Services (Costs) Regulations 2000
Jurisdiction:
England and Wales
Citing:
Cited – Lockley v National Blood Transfusion Service CA 1992
There was an interlocutory dispute over the granting of an extension of time for service of the defence. The legally aided plaintiff challenged the costs orders made by the district registrar and the judge. Each ordered that the costs be the . .
Cited – Re A Debtor CA 9-Feb-1981
The husband opposed assisted proceedings brought by his wife, in which he was ordered to pay a sum of costs. He did not pay, and the Law Society brought proceedings against him for their recovery. He sought to set-off against that claim a debt . .
Cited – Barker v Hemming 1880
. .
Cited – Edwards v Hope CA 1885
Set off of costs against damages award. . .
Cited – Blakey v Latham 1889
The court considered its power to award of set-off as between the costs in an action and the award of damages to the other party. ‘How can any solicitor possibly have an equity against B to make B pay costs which B is ordered to pay to A when B . .
Cited – Anderson v Hills Automobiles (Woodford) Ltd 1965
. .
Cited – Goodfellow v Gray 1899
A right of set-off could be allowed against damages due on a judgment in another action. . .
Cited – Reid v Cupper 1915
A judge was entitled to make an order setting off one party’s costs in an action against the other party’s costs in a different action by reliance not on the language of Order LXV r 14, but on the old discretionary practice of the courts. The court . .
Cited – David v Rees 1904
. .
Cited – Izzo v Philip Ross and Co (a Firm) ChD 31-Jul-2001
Whilst litigants in person should be allowed the assistance of a McKenzie friend, the duties of the friend should not normally include representation and advocacy. Nevertheless, each case should be viewed separately, and applications for permission . .
Cited – Hanak v Green CA 1958
A builder was sued for his failure to complete the works he had contracted for. The buider sought a set-off against that claim of three of his one claims. One, under the contract, was for losses from the defendant’s refusal to allow his workmen . .
Cited – In re A Debtor 1951
. .
Cited – In re a Bankruptcy Notice CA 1934
. .
Cited – Knight v Knight 1925
. .
Cited – Puddephatt v Leith (No 2) 1916
. .
Cited – Federal Commerce Ltd v Molena Alpha Inc; (The ‘Nanfri’) CA 1978
The court considered whether claim as against a shipowner could be set off against sums due under a time charter hire.
Held: Save for any contractual provision to the contrary a tenant is entitled to deduct from the rent payable, so as to . .
Cited – Hill v Bailey ChD 25-Nov-2003
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 . .
Cited – National Westminster Bank plc v Skelton (Note) 1993
The court distinguished a claim by the mortgagee for possession from a claim on the mortgagor’s personal covenant to pay what was due. A claim for a set-off is merely a sub-species of counterclaim. The court will not readily imply a term into a . .
Cited – Smith v Muscat CA 10-Jul-2003
The tenant was sued by his landlord for arrears of rent, but sought an equitable set-off for damages for disrepair accruing under the previous landlord.
Held: If the entitlement to recover arrears of rent passes from assignor to assignee, and . .
Cited – Hicks v Russell Jones and Walker 27-Oct-2000
. .
Per Incuriam – Carr v Boxall 1960
. .
Cited by:
Cited – Waltham Forest v Maloba, The Law Society CA 4-Dec-2007
The applicant had been refused accomodation as homeless after disclosing the ownership of a family home in Uganda. He had lived and worked in the UK for 15 years. The authority did not accept that it had later been repossessed. The council now . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Aid
Updated: 21 June 2022; Ref: scu.216442