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England and Wales High Court (Senior Courts Costs Office) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Senior Courts Costs Office) Decisions >> Hyde v Milton Keynes Hospital NHS Foundation Trust  EWHC B17 (Costs) (07 January 2015)
Cite as:  EWHC B17 (Costs)
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SENIOR COURTS COSTS OFFICE
Royal Courts of Justice
London, WC2A 2LL
B e f o r e :
| Sally Anne Hyde
|- and -
|Milton Keynes Hospital NHS Foundation Trust
Vikram Sachdeva QC (instructed by Acumension Ltd) for the Defendant
Hearing dates: 19 and 20 March 2015
Crown Copyright ©
Proceeding without discharging the certificate
"(1) An individual for whom services are funded by the Commission as part of the Community Legal Service shall not be required to make any payment in respect of the services except where regulations provide."
"...solicitors, acting for legally aided clients, are not entitled to look to that client for payment. That is not a complex matter; it is basic; it is also of the first importance to the reputation of the profession in its handling of legal aid work."
"On or about the 8th February 2013 KCJ undertook a review of the file and identified that the present limit on LSC funding would not be sufficient to allow for the Claimant to continue to be represented. It was identified that the work undertaken to date on the Claimant's behalf by the three firms of solicitors involved at LSC rates, was approaching the limitation on the certificate (£43,000) and that the provision of further services to the Claimant would not therefore have the benefit of such funding in light of the LSC's repeated refusal to grant any further extension to the certificate.
On or about the 13th March 2013 the Claimant was informed that no further LSC funding was available and that KCJ were unable to conclude her case within the certificate. The Claimant was advised that the alternative funding available for the continued provision of services in her case was a CFA."
"...a legal aid certificate can be limited in two different ways with quite different consequences. First it can be limited to part of the proceedings....Secondly, it can be limited by reference to the steps or procedures which can be undertaken by the assisted person's legal advisers."
Was it reasonable to transfer to a CFA?
Level of success fees