Setting Off 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.