Source: All England Reporter
Publisher Citation: [2011] All ER (D) 95 (Apr)
Neutral Citation: [2011] EWHC 899 (QB)
Court: Queen's Bench Division
Judge:

Sharp J
Representation Robert Marven (instructed by Legal & Governance Team, Legal Services Commission) for the LSC.
  Guy Mansfield QC (instructed by Kingsley Napley LLP) for the interveners.
Judgment Dates: 8 April 2011

Catchwords

Community legal service funding - Unassisted person's costs out of community legal service fund - Jurisdiction - Publicly funded third party seeking orders in ancillary relief proceedings for transfer to her of property legally owned by applicant non-funded interveners - Judge dismissing entirety of third party's claims - Interveners successfully seeking costs orders against respondent Legal Services Commission (LSC) - LSC challenging master's decision to award costs to interveners - Whether master applying correct test in respect of 'financial hardship' - Whether master erring in failing to consider awarding lesser amount - Whether just and equitable to make order - Community Legal Service (Cost Protection) Regulations 2000, .

The Case

Community legal service funding Unassisted person's costs out of community legal service fund. The Queen's Bench Division of the High Court dismissed the appeal by the respondent Legal Services Commission (the LSC) against the decision by the master to order the LSC to pay the interveners' costs pursuant to the provisions of the Community Legal Service (Cost Protection) Regulations 2000, SI 2000--824.

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