Set off of costs against damages recovered in a legally aided case

It was appropriate to follow the principle in Lockley v National Blood Transfusion Service (1992) 1 WLR 492 and set off a costs order made against a publicly-funded claimant against costs and damages recoverable elsewhere in the action. That was so even though the financial burden on the Legal Services Commission would be less if a Lockley order was not made; the Commission had decided to fund the action and the successful defendant was entitled to enforce the costs order in its favour.

ALMAS AHMAD v (1) BRENT LONDON BOROUGH COUNCIL (2) NATIONAL PROBATION SERVICE (LONDON) (3) MINISTRY OF JUSTICE (4) PAROLE BOARD FOR ENGLAND & WALES [2011] EWHC 378 (QB)