Almas Ahmad –v- (1) London Borough of Brent (2) National Probation Service (3) Ministry of Justice (4) Parole Board of England and Wales [2011] EWHC 378 (QB)

Posted on Friday, February 25th, 2011

D3 sought to enforce by way of set off against costs and/or damages an Order that C pay its costs of the action following the striking out of C’s Amended Particulars of Claim as against D3. C’s claim was for two periods of false imprisonment, of 11 months and a single week. The set off of costs against costs was “natural and equitable”. The claims in respect of the two periods were so closely connected that it was fair to set off the costs of the former against damages recovered in the latter. The fact that a Lockley order would increase the burden on the LSC, because they would not recover the C’s damages by way of the statutory charge, was irrelevant. The LSC had decided to fund proceedings which had failed. D3 was entitled to enforce its order for costs by way of set off against any award of costs and/or damages to C.

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