The provision for payment of costs under the Legal Services Commission's (LSC) high costs case contract is governed by the provision contained in paragraphs 12 to 16 of the standard contract, which in essence requires the acting solicitors to choose to take payment in full from the other party or in full from the LSC.

Paragraph 12 makes it clear that while the acting solicitor has the choice, once exercised, the choice must be for all the costs to be paid from one source or the other.


This has the potential to produce ludicrous results that serve to benefit neither the commission nor the solicitor nor, most importantly, the client.


Other problems that could emerge from this provision include the inability of the instructed solicitor to recover (again, by way of the statutory charge) any legal aid-only costs, whether incurred during or before the commencement of the contract.


It appears that the provisions of this contract have not been thought through and are producing consequences that are neutral to the fund (and possibly adverse) and have the unanticipated and undesired effect of restricting access to justice for publicly funded clients.


Andrew Hannam, Clarke Willmott, Taunton