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The Court of Appeal refused the appellant's request that no order for costs be made against him after his unsuccessful appeal against a decision of the Legal Aid Board regarding payment under a legal aid scheme. The Court affirmed the High Court's earlier decision requiring the appellant to pay half of the respondents' costs. The Court concluded that the proceedings did not qualify as public interest litigation, which would have warranted a departure from the usual rule that the unsuccessful party pays the costs. The appellant’s argument that the case involved a novel or important point of law was rejected, with the Court finding that the issues raised did not reach the threshold of general public importance. The respondents were therefore entitled to an order for their costs of the appeal.
costs – legal aid – Court of Appeal – public interest litigation – application for payment – legal aid scheme – judicial review – unsuccessful appeal – order for costs – Legal Aid Board – statutory presumption – novel point of law – public importance threshold – Legal Services Regulation Act 2015 – Little v. Chief Appeals Officer
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