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Waltham Forest London Borough Council (Appellant) v Davis Maloba (Respondent) & Law Society [2007] EWCA Civ 1281

DATE: 04 Dec 2007

Acting for the Law Society as Interested Party in the Court of Appeal in a case which decided that in a Housing Act appeal, although the court's discretion was wide enough to allow such an order to be made, there was no practice that the court should order a stay on a costs order made against a Local Authority on the basis that it hoped to set-off its costs liability against a costs order in its favour on any future appeal.

If the Law Society's submissions had not bee accepted then it would have had a significant impact on the fees recoverable by successful publicly funded solicitors in Judicial Review and statutory appeals where decisions were quashed and remitted.