header-logo header-logo

Costs

13 December 2013
Issue: 7588 / Categories: Case law , Law digest , In Court
printer mail-detail

Rayner v Lord Chancellor [2013] All ER (D) 26 (Dec)

The first defendant had been the successful party to proceedings brought by a claimant who had been funded by the Legal Services Commission (LSC). The first defendant claimed to be entitled to be indemnified in accordance with the Community Legal Service (Cost Protection) Regulations 2000 (SI 2000/824) for the costs of defending the claim. During the course of the trial, the claimant had ceased to be in receipt of funding, with the result that the first defendant’s, potential claim against the LSC was restricted to the costs incurred by him which were attributable to the part of the proceedings in which the party was funded. The first defendant appealed.

The court ruled that the natural meaning of attributable in para 5(4) of the regulations was that it denoted a simple link between the services funded by the LSC and the defence costs of the non-funded party. That construction accorded with the purpose of the provisions, which was to protect the non-funded party from the consequences of unsuccessful proceedings funded by the LSC when it was just and equitable

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll