Legal aid

Failure of Legal Services Commission to inform non-assisted party that legal aid of assisted party embargoed - wasted costs order sought against commission - commission not liable to inform non-assisted party about fundingStein v Blake: ChD (Neuberger J): 27 October 2000

After a date had been fixed for a trial, the Legal Services Commission placed an embargo on the claimant's legal aid preventing his solicitors from taking further steps to prepare the action for trial.

Although the commission was in regular contact with the defendant, it failed to inform him of the embargo.

The defendant only became aware of it by chance shortly before the action was due to be heard.

He then successfully applied to have the trial date vacated.

The defendant applied for an order that the commission pay his costs of preparing for the trial and the costs of the application to adjourn which would not have been incurred had the commission informed him of the embargo.

Lisa Lake (instructed by Edwin Coe) for the applicant.

John Gimlette (instructed by Tom Browne, Legal Services Commission) for the commission.

The claimant did not appear and was not represented.

Held, adjourning the application; that under rr 54 and 87 of the Civil Legal Aid (General) Regulations (SI 339 of 1989) there was a duty imposed on the legally assisted party's solicitor to inform the other side if a legal aid certificate was varied or revoked; that the same duty applied where there was an embargo on legal aid; that in principle the commission was not liable to a non-assisted party to inform him about funding and, in particular, whether funding was to continue; but that in the circumstances it was appropriate to adjourn rather than to dismiss the application.