Court of Appeal

Published April 21, 2008

Legal Services Commission v Rasool

Where the Legal Services Commission sought to recover sums following the revocation of a legal aid certificate, the quantum of costs paid or payable need not first be established before a cause of action accrued.

The Court of Appeal (Lord Justice Ward, Lady Justice Smith and Lord Justice Wilson) so stated on March 5, 2008, when dismissing the appeal of the commission, from a decision of Deputy Circuit Judge Taylor, in Halifax County Court on December 21, 2006, holding that its cause of action against the defendant, Mohammed Anwar Rasool, had accrued when his legal aid certificate was revoked, and not upon quantification of the sums due. The judge dismissed the claim on the facts.

LORD JUSTICE WARD said that the certificate dated from 1993, so that the Civil Legal Aid (General) Regulations (SI 1989 No 339) applied.

Regulation 86 provided that the commission had the right to recover from the formerly assisted person the costs paid or payable under regulation 84(b) less the amount of any contribution already made.

For time to start running for section 9 of the Limitation Act 1980, where it was sought to recover such sums, whether paid or payable, it was not a condition precedent that quantum be established. It simply had to be shown that work had been done under a certificate and that the certificate had been revoked.

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