Public funding protection

Jones and another v Congregation and General Insurance plc QBD TLR 7 July

The claimants’ claim against the defendant insurance company following a fire at their premises was founded on fraud and they had obtained public funding by fraud. They were ordered to pay the defendant’s costs on the indemnity basis, subject to such protection as they might receive from s11(1) of the Access to Justice Act 1999. However, the Court held that on its proper interpretation, s11(1) was to be read as excluding those who would otherwise achieve its protection by reason of serious crime. The claimants fell within that exclusion. Their case and the obtaining of legal aid had been founded upon fraudulent claims. They were serious crimes. The costs order against them therefore was to take effect as if they were not funded persons.