| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 322 (Jun) |
| Neutral Citation: | [2003] EWHC 1027 (QB) |
| Court: | Queen's Bench Division, Cardiff District Registry |
| Judge: | Judge Chambers QC sitting as a judge of the High Court |
| Representation | Christopher Gosland (instructed by The Robert Davies Partnership) for the claimants. |
| David Allen (instructed by Gordon Cranswick) for the defendant. | |
| Judgment Dates: | 2 May 2003 |
Catchwords
Costs - Order for costs - Conduct of party - Claimants legally aided - Claimants' funding obtained by fraud - Claimants ordered to pay costs on indemnity basis - Entitlement to protection against enforcement of costs order - s 11(1).
The Case
Upon its proper interpretation, s11(1) of the 1999 Act was to be read as excluding from its application those who would otherwise achieve its protection by reason of serious crime. That would accord with the general rule that Acts of Parliament had to be interpreted as not requiring performance of duties, even if they were in terms absolute, if do so would enable someone to benefit from his own serious crime. Furthermore, there was nothing within the Act and, in particular s11, which disapplied that rule.
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