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Court of Appeal dismisses appeal from High Court, and affirms order that costs should be awarded to a notice party solicitor against an applicant (a former client of the solicitor), in a judicial review of a decision by the Legal Costs Adjudicator concerning the time limit for a statutory appeal and whether he had the power to extend same, on the grounds that: (a) the impugned decision had been set aside by agreement between the parties; (b) the applicant had failed to establish that the notice party bore any responsibility for the impugned decision; (c) the notice party had not taken an active role in seeking to defend the impugned decision; and (d) the proceedings could have been resolved at an earlier stage if the applicant had acceded to a proposal from the notice party.
Judicial review - appeal from costs order in High Court - dispute on legal costs between client and solicitor who had represented him in family law proceedings - decision of legal costs adjudicator - bill of costs found to be reasonable - statutory period of 14 days for seeking a consideration of determination - whether adjudicator had discretion to extend statutory period - determination by adjudicator that he did not have discretion to extend period - whether date commenced when applicant received written report - judicial review of refusal to extend period - whether notice party (solicitor) had brought about the judicial review by his acts or omissions - whether trial judge erred in awarding notice party his costs against the applicant - whether trial judge erred in failing to award applicant his costs as against the notice party - whether notice party had made submission to adjudicator concerning extension of time, at a hearing the applicant did not attend - failure of adjudicator to refer to any such submission - circumstances in which an order for costs should be made against a notice party.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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