Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch)

Posted on Friday, May 22nd, 2009

This was an appeal matter against a Costs Order. Public funding had been obtained by the Appellant by 3 overlapping legal aid certificates. Several firms of solicitors had been instructed by the Appellant throughout the period of litigation. Her legal aid certificates were discharged at various times and then when she instructed new solicitors, the legal aid certificates we re-instated. When the Appellant did not have legal representation, she acted in person.

When assessing costs, Master Campbell had found that the Appellant had not been a legally assisted person when she was acting in person and therefore she did not have costs protection.

The Appellant appealed and argued that she had been a legally assisted person under s17 of the Legal Aid Act 1988. However, Mr Justice Briggs dismissed the appeal and held that the Appellant was not a legally assisted person under s17 of the Legal Aid Act for the purposes of certain parts of the Bill of Costs of the Respondents. In addition, the Appellant was not a legally assisted person from the moment any firm of solicitors that had ceased to act for her had communicated that fact to the Respondent.

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