Home > Publications > Selected cases — Parliamentary > Selected Cases and Summaries of Completed Investigations - October 1998 - March 1999 > C.1389/97
Sixth Report Session 1998-99
Volume 2
OCTOBER 1998 - MARCH 1999
The full report of selected cases
Summary of selected cases
LEGAL AID BOARD
Mishandling of the recovery of costs awarded in legal proceedings
In September 1992 Mrs Y was awarded costs of £4,000 against her opponent in legal proceedings. The Legal Aid Board (LAB) subsequently undertook to take action to recover those costs, but failed to do so effectively. In October 1997 a further costs order was made under which the opponent was to pay the £4,000 with interest. In December the opponent sent LAB a cheque for £4,000 asking them to confirm that that settled his debt. LAB returned the payment because it was not for the full amount due, without giving Mrs Y time to consider her position. No further payment was received and the opponent subsequently declared himself bankrupt. The Chief Executive of LAB apologised for the shortcomings identified and gave assurances of subsequent improvements to procedures. LAB made Mrs Y an ex gratia payment of £250 and agreed to reduce their statutory charge against her home in respect of the costs of the proceedings by £4,000 plus interest since December 1997, subject to an undertaking by Mrs Y to refund the £4,000 from any money subsequently obtained from the opponent towards the costs.
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