Embargoed LA certificate: Duty to the Court

Promptly notify the Court and all other parties of your LA Certificate scope difficulties or risk a Wasted Costs Order. 

Where your client's Legal Aid Certificate is embargoed you are under a duty to promptly report the position to the Court and inform the opponent or face the prospect of a Wasted Costs Order.

You owe a duty to the court and to the opposing parties not to cause unnecessary costs to be incurred.

Whilst you would not be expected to pay for a formal adjournment application where there is no prospect of being reimbursed, where informing the Court and Parties can be done at modest cost, it should be done and in good time. 

"Although it would be unreasonable to expect a solicitor to pay the £85, being the fee for the formal application, solicitors in the Appellant's position have to take a view and it is incumbent on them to inform the court and the other side of the fact that a hearing date is likely to become ineffective when they are aware of the fact that is the case"

Holden & Co LLP v Eastbourne BC




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