||All England Reporter
|| All ER (D) 322 (Jun)
|| EWHC 1027 (QB)
||Queen's Bench Division, Cardiff District Registry
Judge Chambers QC sitting as a judge of the High Court
||Christopher Gosland (instructed by The Robert Davies Partnership) for the claimants.
||David Allen (instructed by Gordon Cranswick) for the defendant.
||2 May 2003
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).
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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