Funding and Costs of Legal Aid in UK Law

Leading Cases
  • Ridehalgh v Horsefield; Watson v Watson (Wasted Costs Orders)
    • Court of Appeal
    • 26 Jan 1994

    The expression aptly describes conduct which is vexatious, designed to harass the other side rather than advance the resolution of the case, and it makes no difference that the conduct is the product of excessive zeal and not improper motive. The acid test is whether the conduct permits of a reasonable explanation. If so, the course adopted may be regarded as optimistic and as reflecting on a practitioner's judgment, but it is not unreasonable.

  • Holden & Company v Crown Prosecution Service (No. 2)
    • House of Lords
    • 26 May 1993

    But still more important, in the present context, is the special constitutional convention which jealously safeguards the exclusive control exercised by Parliament over both the levying and the expenditure of the public revenue. It is trite law that nothing less than clear, express and unambiguous language is effective to levy a tax. Scarcely less stringent is the requirement of clear statutory authority for public expenditure.

    I will not multiply examples, but I hope I have said enough to explain why I cannot attribute to the legislature any general willingness to provide the kind of publicly funded safety net which the judiciary would like to see in respect of costs necessarily and properly incurred by a litigant and not otherwise recoverable.

  • Reid Minty v Taylor
    • Court of Appeal
    • 29 Oct 2001

    If costs are awarded on an indemnity basis, in many cases there will be some implicit expression of disapproval of the way in which the litigation has been conducted, But I do not think that this will necessarily be so in every case.

  • McDonnell v McDonnell
    • Court of Appeal
    • 12 Apr 1976

    Clearly this is a very important consideration in exercising the court's discretion with regard to costs. It would be wrong, in my judgment, to equate an offer of compromise in proceedings such as these precisely to a payment into court. I see no advantage in the court surrendering its discretion in these matters as it has to all intents and purposes done where a payment into court has been made. A Calderbank offer should influence but not govern the exercise of the discretion.

  • Ottway v Jones
    • Court of Appeal
    • 25 May 1955

    I should like to say (what is indeed obvious) that where a plaintiff in the end fails it must be a very unusual thing to order the successful defendant to pay the costs; and it would only be in exceptional cases that a Judge would think to right to make such an ordered.

  • De Bry v Fitzgerald
    • Court of Appeal
    • 01 Nov 1988

    This is that a defendant should be entitled to security if there is reason to believe that, in the event of his succeeding and being awarded the costs of the action, he will have real difficulty in enforcing that order.

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Books & Journal Articles
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Law Firm Commentaries
  • Costs: Claimant Penalised For Change From Legal Aid Funding to CFA
    • Mondaq UK
    • May 21, 2020
  • Legal Aid for EU Residents
    • Mondaq United Kingdom
    • June 20, 2002
    ...... justice where their financial resources are inadequate to cover the costs of litigation, and includes at least the services of a lawyer and the cost ... . The draft provides that where alternatives to private funding exist, such as 'no-win no-fee' arrangements, legal aid applicants will be ......
  • 'It's Legal Aid, Jim, But Not As We Know It.'
    • Mondaq United Kingdom
    • January 06, 2011
    ...... of some sort for those unable to meet from their own pocket the costs of representation, once the impact of the proposed changes has been felt. ... of new staff is not a given in an environment where bank funding is still scarce. Even my firm, Britain's biggest provider of legal aid ......
  • Litigation Funding And Access To Justice
    • Mondaq UK
    • October 30, 2019
    ...... demonstrate that between 2005 and 2018, government expenditure on legal aid, corrected for inflation, fell from approximately £2.6 billion to ... The costs of litigation funding have been falling steadily as it matures as a ......
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