Dugon v Williamson
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE HARMAN |
| Judgment Date | 10 July 1963 |
| Judgment citation (vLex) | [1963] EWCA Civ J0710-1 |
| Date | 10 July 1963 |
| Court | Court of Appeal |
[1963] EWCA Civ J0710-1
In The Supreme Court of Judicature
Court of Appeal
(From Mr. Justice Ungoed-Thomas
The Master of The Rolls
(Lord Denning)
Lord Justice Harman and
Mr DAVID SULLIVAN (instructed by Messrs Pollards) appeared as Counsel for the Appellant (Respondent).
Mr PAUL BAKER (instructed by Mr Denis hayes, Agent for Messrs Turner & Evans, Boreham Wood) appeared as Counsel for the Respondent.
JUDGEMENT on costs
This is a Judgment confined to a question of costs, the substance of the appeal having been dealt with by this Court last month, then presided over by the Master of the Rolls. The Judgment I am about to read is the Judgment of the Court prepared by the Master of the Rolls, who is to-day unable to be here.
In this action on the 1st February, 1963, Mr Justice Ungoed-Thomas gave Judgment for the plaintiff for possession and costs up to the time when the defendant obtained a legal aid certificate. On the 14th March, 1963, the defendant served notice of appeal. He bore his own costs of this notice, for he was not at this time legally aided for the appeal. On the 15th March, 1963, he set down the appeal for hearing.
On the 25th April, 1963, the defendant was granted a Civil Aid Certificate for the limited purpose of seeing whether there was a reasonable case for an appeal. It was in these terms: "This is to certify that Edward David Williamson of The Barns, Deacons Hill Road, Elstree, Hertfordshire (hereinafter called 'the assisted person') is entitled in accordance with the above-mentioned Act and the Regulations and Schemes made there under, to legal aid to continue a appeal to the Court of Appeal from the decision of the Honourable Mr Justice Ungoed-Thomas, sitting in the Chancery Division of the High Court of Justice on the 1st February, 1963, in proceedings between Marjorie Frame Dugon (Widow), Plaintiff, and Edward David Williamson, Defendant. Limited to obtaining transcript of Judgment, preparation of papers for Counsel, and Counsel's opinion thereafter on merits and prospects to success of the appeal.
Disposable income £238 a year, Disposable capital: nil. Maximum contribution: nil. Actual contribution nil. Any revised maximum contribution not called for under certificate No.1/1/1/72275 can be called for under this certificate.
Papers, including transcript of Judgment, and Counsel'sopinion on merits and prospects of success of the appeal to be referred to the Area Committee for their consideration whether the certificate should be amended or discharged. Issued this 25th day of April, 1963".
On the 6th May, 1963, the appeal appeared in the warned list and the plaintiff's solicitors get ready for the hearing. They prepared the brief and on the 14th May, 1963, they delivered the brief to Counsel. This was very reasonable seeing that the case was setting up in the list for hearing. On the 17th May, 1963, the Legal Aid Committee, having considered the papers, refused to give the defendant legal aid. They evidently thought it unreasonable that he should receive it in the particular circumstance of the case. They discharged the certificate. It was on a printed form applicable to any case when an unlimited certificate is afterwards discharged. It was in them terms:
"I am requested by the Area Committee to inform you that they have discharged the certificate issued to you and numbered as above.
"Accordingly: (1) You are no longer an assisted person in the matter to which your certificate related. (2) Your solicitor and counsel (if any) will cease to act further for you in the matter to which your certificate related unless you, yourself, instruct him, or them, to continue to act and you accept responsibility for his, or their, fees. (3) You should also note the following points: (a) if proceedings are in progress and you wish to continue without a solicitor, you should so inform the Court as otherwise you may not receive any notices relating to your case; (b) if you continue such proceeding either in person or by a solicitor and property is recovered or preserved thereby, there may be a first charge on such property for the benefit of the Legal aid Fund in respect of any liability of the Fund on your behalf; (c) the...
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Boorman v Godfrey
...471that the Plaintiff had not been an assisted person quoad the application of 15th September. Unfortunately, he was not referred to Dugon—v—Williamson (1964) 1 Chancery 59, which like Mills—v—Mills is a decision of this Court. He thus escaped the problem of having to reconcile these two de......
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Jeffrey Turner (Plaintiff/Appellant) v Plasplugs
...particular claims or issues but by reference to specific procedural steps or stages. Limitations of this type fell for consideration in Dugon v Williamson [1964] Ch 59 and Boorman v Godfrey [1981] 1 WLR 1100, [1981] 2 All E.R. 1012. In the first of those cases a respondent successful on ap......
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Turner v Plasplugs Ltd
...or issues but to specific procedural steps or stages. Limitations of that type had fallen for consideration in Dugon v WilliamsonELR([1964] Ch 59) and Boorman v GodfreyWLR ([1981] 1 WLR 1100). The plaintiff had argued that he was at all times, in the terminology of the 1988 Act "a legally a......
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