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8

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.

9

Costs protection under s17 The Legal Aid Act 1988

During any time when a litigant acted in person they were not a legally assisted party within the meaning of the Legal Aid Act 1988 s.17. That extended to any period after their solicitors had ceased to act for them and had communicated that to the opponent’s solicitors, even if a period of time then elapsed before they took any active steps as a litigant in person.