ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
His Honour Judge Anthony Thornton QC
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE LEWISON
SIR STEPHEN SEDLEY
| LEGAL SERVICES COMMISSION
|- and -
Geraldine Clark and Jennifer Haywood (instructed by DaySparkes) for the Respondent, Ms Henthorn
Dinah Rose QC and Ben Jaffey (instructed by Bindmans LLP) for The Law Society
Nicholas Bacon QC for the General Council of the Bar
Hearing dates: 7,8 and 9 November 2011
Crown Copyright ©
The Master of the Rolls: :
The background to this appeal
The Civil Legal Aid (General) Regulations 1989
"(7) The making of a payment under this regulation shall not release a solicitor from any obligation under these Regulations to submit his costs and counsel's fees for detailed assessment or assessment on conclusion of the case.
(8) Where, after taxation or assessment, payments made under this regulation are found to exceed the final costs of the case, the solicitor or counsel (if any) shall, on demand, repay the balance due to the fund and, where the total costs exceed any payments made under this regulation, the balance shall be paid from the fund."
When does time start to run against the Commission?
The contention that the proceedings are an abuse or that there is a public law defence
Does Ms Henthorn have a defence to any of the claims on the facts?
Would the Commission have had a claim in restitution?
The application to admit fresh evidence
Lord Justice Lewison:
Sir Stephen Sedley: