The Court of Appeal recently heard the Legal Services
Commission's appeal against a High Court ruling that its action to
recover payments on account was statute barred by the Limitation
Act due to the delay in bringing the claims.
The High Court had dismissed an attempt by the LSC to recoup
109,064 that it said had been overpaid to barrister Aisha
Henthorn in relation to cases between 1987 and 2000.
The Law Society obtained permission to intervene in the appeal
in support of the High Court judgment.
The appeal hearing took place on 7 November and judgment was
reserved. If the High Court judgment is upheld it will have
significant implications for the many firms against whom the LSC
has sought to recover payments on account after lengthy delays
sometimes amounting to ten years or even longer. However, it would
only directly apply to recovery action by way of legal proceedings
and not administrative recoupment against current legal aid
accounts.