Legal Aid - 1992

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This page lists 6 cases, and was prepared on 28 October 2012.

Lockley -v- National Blood Transfusion Service [1992] 1 WLR 492; [1992] 2 All ER 589
1992 CA Farquharson LJ, Sir John Megaw, Scott L	Legal Aid, Costs	Casemap 1 Cites 1 Citers
	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 defendants', "not to be enforced without leave of the court save by way of set-off as against damages and/or costs". Held: The plaintiff's appeal on the costs order failed. "The issue in this appeal is whether, in a case where one party is legally aided, an order for costs in favour of the other party can direct that those costs be set-off against either damages or costs to which the legally aided party has become, or may in future become, entitled in the action." The court confirmed the right of a party to set off a costs award against a subsequent damages or costs award in favour of an assisted person. Section 16(8) simply preserved those rights of set-off that the general law would allow and protected them against the charge created by section 16(6). It did not create any new right of set-off. Its effect was to make it clear that whatever rights of set-off were available under the general law were available against legally aided parties notwithstanding the board's charge. Scott LJ discussed the principles applying on an application for set-off costs: "The broad criterion for the application of set-off is that the plaintiff's claim and the defendant's claim are so closely connected that it would be inequitable to allow the plaintiff's claim without taking into account the defendant's claim. As it has sometimes been put, the defendant's claim must, in equity, impeach the plaintiff's claim.
	Legal Aid Act 1974 16(8)

Regina -v- Legal Aid Board ex parte Bateman
29 Apr 1992 QBD	Legal Aid, Legal Professions, Costs
	A Legally Aided client had no locus standi to challenge the taxation of his own solicitors' costs bill.

Drummond & Co -v- Lamb and Others; Drummond & Co, Ws -v- Scottish Legal Aid Board [1992] UKHL 13; 1992 SC (HL) 1; [1992] 1 WLR 163; 1992 SLT 337
29 Apr 1992 HL	Legal Aid, Scotland
	The cost of excess work carried out under the green form scheme, was not recoverable despite the LAB's subsequent approval of the action.
	Legal Aid (Scotland) Act 1986 10
	Link[s] omitted

In Re H (Minors) (Abduction): Custody Rights (Number 2)
2 Sep 1992 HL	Legal Aid
	The court has the power to order the LAB to pay the costs for an assisted person incurred before the grant of a Legal Aid Certificate.

Regina -v- Legal Aid Board ex parte Bruce
9 Sep 1992 HL	Legal Aid, Legal Professions
	Bought in benefits advice is outside scope of green form assistance scheme. The advisor was not an employee of the solicitor.

Regina -v- Isleworth Crown Court Ex Parte Willington
16 Sep 1992 QBD	Legal Aid
	No review of Judge's refusal to allow transfer of criminal legal aid order.