Court making cost orders both in favour of and against legally aided party - other party to action seeking to set off costs ordered in his favour against his liability in costs - statutory protection against enforcement of costs orders against legally aided party not applying to prevent set off

Hill v Bailey: ChD (Mr Justice Lightman): 25 November 2003

The claimant, who was legally aided, brought an action against the defendant.

At judgment, costs orders were made in favour of both parties.

On the detailed assessment of the defendant's costs, the master ruled that the defendant could not proceed under the ordinary detailed assessment rules because section 11 of the Access to Justice Act 1999, which afforded protection to an assisted party where costs orders had been made against him, applied.

The defendant appealed.

The defendant in person; Jonathan Miller (instructed by DKLL Solicitors, Ewell) for the claimant.

Held, allowing the appeal, that the restrictions placed on the enforcement of costs orders against legally aided parties under section 11 of the 1999 Act did not apply so as to prevent the other party setting off the costs awarded to him under such an order against his liability in costs to the legally aided party.