“… rules may give some guidance about how the discretion should be exercised. That is Burkett, R (on the application of) v London Borough of Hammersmith & Fulham [2004] EWCA Civ 1342, [2005] 1 CLR 184. Burkett also decides that there is no objection to ordering costs awarded to a non-legally aided party from being set off against costs awar…”
“…een common in legally-aided cases (see Lockley v National Blood Transfusion Service [1992] 1 WLR 492 and R (Burkett) v London Borough of Hammersmith and Fulham [2004] EWCA Civ 1342, [2005] 1 Costs LR 104), the QOCS regime does not mirror that relating to legal aid. Jackson LJ proposed the adoption of the formula contained in section 11(1)…”