The plaintiff alleged conspiracy to defraud in a sum in excess of andpound;25m. During the application for a freezing order the stance of the defendant had been one of ‘taciturnity’ and non-disclosure. But on the last day of the hearing it was said that the defendant held certain assets. Another defendant, to whom over andpound;50m … Continue reading Derby v Weldon (No. 3): ChD 7 Nov 1988
The court has a power to make a pre-judgment worldwide asset freezing order (a mareva injunction) on satisfaction of the following conditions: 1. That the defendant can be protected against too many and oppressive actions, 2. That he can be protected effectively against the misuse of any information so obtained, and 3. That the interests … Continue reading Derby and Co v Weldon: CA 2 Aug 1988
Lawfulness of the imposition by the Legal Services Commission (the defendant) of an embargo on work being done under a full legal aid certificate before the discharge of the certificate under the Legal Aid Act 1988 and the Regulations of 1989 made thereunder. The effect of the embargo in this case, imposed because the claimant … Continue reading Machi, Regina (on The Application of) v Legal Services Commission: Admn 23 Jul 2001
The claimant challenged by judicial review the discharge of a legal aid certificate in educational negligence proceedings. Held: A final decision to revoke a legal aid certificate may be challenged by judicial review. Judges: Ouseley J Citations: [2007] EWHC 1786 (Admin) Links: Bailii Statutes: Legal Aid Act 1988 15(2), Civil Legal Aid (General) Regulations 1989 … Continue reading Martin v Legal Services Commission: Admn 27 Jul 2007
A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that since the roof was not comprised in any of the leases, there was … Continue reading Tennant Radiant Heat Ltd v Warrington Development Corporation: 1988
The court considered whether the state in which enforcement of a judgment will take place should be the place where the debt is situated upon which it is sought to execute. Held: There was nothing to preclude English courts from granting Mareva type injunctions against defendants extending to assets outside the jurisdiction, but the court … Continue reading Babanaft International Co SA v Bassatne: CA 30 Jun 1988
Money which had been paid into court before the Legal Aid Certificate was issued, is not subject to the legal aid charge when it was recovered from court. Citations: Times 07-Mar-1997, [1997] EWCA Civ 826 Statutes: Legal Aid Act 1988 Sch2 Part 1 Jurisdiction: England and Wales Legal Aid Updated: 05 November 2022; Ref: scu.83549
Gilliatt A solicitors’ firm had been paid for work done in a case by the Legal Services Commission. The LSC had a right to a statutory charge against a property which had been preserved as a result of the proceedings. The solicitors should have reported to the LSC that they had recovered the property by … Continue reading Oliver Fisher (A Firm) v Legal Services Commission: Admn 10 May 2002
Grandparents should have conceded at an early stage in the Court of Appeal that an order made by the judge in proceedings relating to their grandchild had been made without jurisdiction. Held: The court considered the procedures for applying for costs for an unassisted party in children proceedings. Citations: Times 25-Nov-1996, [1996] EWCA Civ 936, … Continue reading In Re O (A Minor) (Costs:Liability of Legal Aid Board); orse Re O (A Minor) (Legal Aid Costs): CA 25 Nov 1996
The standard practice of not awarding costs in children cases overrides the possibility of making a hardship order from Landlord. Costs orders are unusual in custody disputes and no order was to be made against the Legal Aid Board in favour of an unassisted party.Neill LJ said: ‘In the last decade, however, it has become … Continue reading Keller v Keller and Legal Aid Board: CA 21 Oct 1994
If a company continues to trade whilst insolvent but in the expectation that it would return to profitability, it should be regarded as trading not for the benefit of the shareholders, but for the creditors also. If there is a possibility of insolvency, even a written consent will not totally safeguard against a claim from … Continue reading West Mercia Safetywear Ltd v Dodds: CA 1988
The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme. Held: Since the calculations employed would have been carried out for others whether or not the instant pension scheme … Continue reading Legal and General Assurance Society Ltd v CCA Stationery Ltd: ChD 12 Dec 2003
A contract of guarantee was made, but based upon a term of fundamental importance which was mistaken as to the existence of certain machines. Held: The court must first look to the nature of the purported agreement. Steyn J said: ‘Logically, before one can turn to the rules as to mistake, whether at common law … Continue reading Associated Japanese Bank (International) Ltd v Credit du Nord SA: 1988
The claimant, Mr Tellerup, was employed as a restaurant manager by the transferor, Irma Catering A/S. When its lease was terminated it dismissed all staff. Mr Tellerup’s statutory period of notice expired on 30 April 1983. But it continued to run the business with the same staff until 25 February 1983, from when a new … Continue reading Foreningen Af Arbejdsledere I Danmark v Daddy’s Dance Hall A/S: ECJ 10 Feb 1988
(High Court of Australia) Legal practitioners – Negligence – Immunity from suit – Applicant sought legal assistance from first respondent, a statutory corporation deemed to be a firm of solicitors, in defence of criminal prosecution – First respondent retained second respondent, a barrister, to appear for applicant at committal proceedings – Applicant pleaded guilty at … Continue reading D’Orta-Ekenaike v Victoria Legal Aid: 10 Mar 2005
Statutory Charge enforcement Citations: [2004] EWCA Civ 457 Links: Bailii Statutes: Legal Aid Act 1988 16(6) Jurisdiction: England and Wales Legal Aid Updated: 07 September 2022; Ref: scu.195899
This was a second appeal, this time by a former tenant and was as to whether a tenancy was a shorthold tenancy or otherwise. The judge had found that the tenancy commenced in 1995, and no notice of shorthold tenancy having been given, it was an assured tenancy. The case was appealed to the High … Continue reading Naidu v Yenula Properties Ltd: CA 23 May 2002
The parties had disputed the use of a Puss-n-Boots design motif used on garments. The defendant had undertaken to surrender goods using the motif, and not to further infringe the plaintiff’s copyright. Later the defendant had obtained legal advice that the use of a further design it was not infringing, undertook further sales. The plaintiffs … Continue reading Spectravest Inc v Aperknit: ChD 1988
Article 8 requires that an appeal against a deportation order by reference to it should be effective. The court (a) cited at para 65 the decision of the ECtHR in W v United Kingdom (1988) 10 EHRR 29, para 64, to the effect that article 8 required that parents who had sought contact with a … Continue reading Gudanaviciene and Others, Regina (on The Application of) v The Director of Legal Aid Casework and Others: CA 15 Dec 2014
The six claimants challenged the refusal of the Director of Legal Aid Casework to grant legal aid to the claimants. The cases raise common issues concerning the availability of legal aid in immigration cases under Section 10 of the 2012 Act. Judges: Collins J Citations: [2014] EWHC 1840 (Admin), [2014] WLR(D) 266 Links: Bailii, WLRD … Continue reading Gudanaviciene and Others v Director of Legal Aid Casework and Another: Admn 13 Jun 2014
The parties had been friends and had discussed their sex lives. The defendant took the information to a newspaper and its editor, the second and subsequent defendants who published it. The plaintiff sought damages saying the conversations and disclosures had been confidential. The defendants appealed against a refusal to strike out the claim. Held: The … Continue reading Stephens v Avery: ChD 1988
The term ‘necessary’ will take its colour from its context; in ordinary usage it may mean, at one end of the scale, ‘indispensable’ and at the other ‘useful’ or ‘expedient’. Lord Griffiths said: ‘What then is meant by the words ‘necessary . . for the prevention of . . crime’ in section 10? I do … Continue reading In re an Inquiry Under The Company Securities (Insider Dealing) Act 1985: HL 1988
Claim under statutory charge. Judges: David Steel J Citations: [2008] EWHC 1035 (QB) Links: Bailii Statutes: Legal Aid Act 1988 16 Jurisdiction: England and Wales Legal Aid Updated: 15 July 2022; Ref: scu.267995
An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008
Citations: [2001] EWCA Civ 205 Links: Bailii Statutes: Legal Aid Act 1988 15(4) Jurisdiction: England and Wales Legal Aid Updated: 27 June 2022; Ref: scu.217970
The House was asked whether a rating authority could refuse to repay rates which had been paid by mistake. Held: ‘Parliament must have intended the rating authorities to act in the same high principled way expected by the court of its own officers and not to retain rates paid under a mistake of law . … Continue reading Regina v Tower Hamlets London Borough Council, ex parte Chetnik Developments Limited: HL 1988
The fact that a contract was made by an unauthorised insurer contrary to the 1974 Act, which was silent as to the effect of a breach of this statute, did not render the contracts made by the unauthorised insurer void. Rendering transactions void affects both the guilty and the innocent parties. Kerr LJ said: ‘Where … Continue reading Halvanon Insurance Co Ltd v Central Reinsurance Corporation: CA 1988
The applicant was legally aided under a full certificate. He wished to continue an action despite his solicitors and counsel advising him to accept a settlement offered. The Respondent wished to consider revocation of the certificate, and instructed the solicitors to cease work until a decision had been made. This was a day or so … Continue reading Regina (Augustine Machi) v Legal Services Commission: CA 20 Dec 2001
ECHR The presumption of innocence would be violated if, without the accused having previously been proved guilty according to law, a judicial decision concerning him reflected an opinion that he was guilty. The burden of proof is on the prosecution and any doubt should benefit the accused. Citations: 10590/83, (1988) 11 EHRR 360, [1988] ECHR … Continue reading Barbera, Messegua, and Jabardo v Spain: ECHR 6 Dec 1988
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage – financial award; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedingsThe requirements identified as flowing from the phrase ‘in accordance with the law’ include this: ‘A norm cannot be regarded as a ‘law’ … Continue reading Olsson v Sweden (No 1): ECHR 24 Mar 1988
The police had sought disclosure from the applicant’s solicitors of records of the time at which the applicant arrived at the solicitors’ premises on a particular date and like documents. Held: Such records are not privileged because they did not relate to legal advice or the subject matter of legal advice. Records of appointments made … Continue reading Regina v Manchester Crown Court ex parte Rogers (Legal Professional Privilege): Admn 2 Feb 1999
The Commission sought to recover what it said were payments made on account to the respondent barrister, but only after many years had passed. The Commission argued that time only began to run once it requested repayment. Held: The appeal succeeded. In general, time would run from the earlier date: ‘Save where it is the … Continue reading Legal Services Commission v Henthorn: CA 30 Nov 2011
The court had found that securities had been registered misleadingly in the US. The court held that it could not aid illegality. The court considered the defence of ‘ex turpi cause non oritur actio’. Kerr L.J: ‘The ex turpi causa defence ultimately rests on a principle of public policy that the courts will not assist … Continue reading Euro-Diam Ltd v Bathurst: CA 1988
The applicant sought a judicial review of the Commission’s refusal of his appeal against the refusal to remove a restriction on his legal aid certificate. The request had been refused on the merits after applying a cost benefit analysis, and he challenged the fairness of the procedure adopted on his appeal. He said that a … Continue reading Toth, Regina (on the Application of) v Legal Services Commission: Admn 17 Jan 2002
ECJ 1. Common commercial policy – Protection against dumping practices – Dumping margin – Determination of the normal value – Constructed value – Taking into account a reasonable profit margin (Council Regulation No 2176/84, Art. 2 (3) (b) (ii)) 2. Common commercial policy – Protection against dumping practices – Dumping margin – Comparison between the … Continue reading Sharp Corporation v Council of the European Communities: ECJ 5 Oct 1988
The respondents were the liquidators of a company which the appellant bank climbed old substantial monies. The insolvent company had several subsidiaries and sub-subsidiaries, holding further assets. The respondent first sought an order requiring the production of certain documents to assist with the liquidation. Those orders were discharged after compromise agreements. The respondent then sought … Continue reading Re Esal (Commodities) Ltd: CA 30 May 1988
It was possible for a body to apply for legal aid but only if it was genuinely acting in a fiduciary capacity as trustee, not mere contractual representative. Citations: Times 07-Nov-1997, [1997] EWHC Admin 883 Links: Bailii Statutes: Legal Aid Act 1974 2(10), Legal Aid Act 1988 2(10) Cited by: Appeal from – Regina v … Continue reading Regina v Chester and North Wales Legal Aid Area Office Ex Parte Floods of Queensbury Ltd: QBD 7 Nov 1997
The defendant had been arrested on suspicion of armed robbery. He asked for a solicitor, but one was refused under section 58 of the 1984 Act. He appealed against his conviction saying that he should have been allowed access to a solicitor. Held: The appeal was allowed. He could not be refused access to a … Continue reading Regina v Samuel: CA 1988
There had been a proceeding before Magistrates Court for a minor traffic offence. The defendant was a member of Parliament. He sought not to have his address made public. Since his divorce from his wife he had been subjected to harassment. He had obtained a High Court injunction restraining her and she had previously, when … Continue reading Regina v The Evesham Justices ex parte McDonagh: 1988
The solicitor applicant challenged the grant of a search order under section 9. Held: The order was quashed. The court underlined the need for judges to be scrupulous in discharging their responsibilities so as to ensure that use of the procedures, which constitute a serious inroad upon the liberty of the subject, are not abused. … Continue reading Regina v Maidstone Crown Court ex parte Waitt: QBD 1988
The Secretary of State was willing to make legal advice given to him available on the grounds that privilege had been waived, but not advice after a particular cut off date. The claimants were dubious as to whether the privilege had been properly claimed and sought an order for disclosure of edited documents in order … Continue reading Regina v Secretary of State for Transport ex-parte Factortame and Others: CA 1988
A client was granted legal aid in a children case, but with a costs limitation of andpound;5,000. The solicitor did not apply to extend that limit, but exceeded it. When the excess was disallowed, he challenged the right of the Board to impose limitations in public law cases. Held: The word ‘limitation’ must bear its … Continue reading Regina v Legal Aid Board, Ex Parte Burrows: CA 8 Mar 2001
Lord Justice Ralph Gibson said: ‘Before dealing with Mr Marr-Johnson’s submissions reference must be made to what are, in my judgment, certain basic principles of the law of contract. (i) An offer which, upon acceptance, is relied upon as altering the legal relationship between the parties, must be construed objectively. Evidence to show what the … Continue reading Hooper v British Railways Board: CA 1988
Female teachers carried out the work of principal teachers but had not been appointed to the promoted post and were paid less than they would have received had they been so appointed. They claimed equal pay with male comparators who were appointed principal teachers. Like work was established and it was agreed that disparity in … Continue reading Strathclyde Regional Council v Wallace: HL 1988
Once a person convicted of an offence on indictment appeals against that conviction and that appeal has been determined on its merits, the court has no jurisdiction to re-open it on fresh evidence coming to light. Lord Lane CJ considered the feasibility of re-opening an appeal: ‘So there is nothing there on the face of … Continue reading Regina v Pinfold: CACD 1988
Wide Application of Costs Against Third Party A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now appealed. Held: The appeals were allowed. The court’s … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The “Vimeira”): HL 1986
H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside. Held: The application failed. The charge had been executed long before W had commenced her claims. The Court … Continue reading Kemmis v Kemmis (Welland and Others Intervening): CA 1988
The court recognised that there could be terms of the appointment of a civil servant which could have legal effect. May LJ said: ‘I think that at the present time in at least the great majority of cases involving disputes about the dismissal of an employee by his employer, the most appropriate forum for their … Continue reading Regina v Civil Service Appeal Board Ex Parte Bruce: 1988
The defendant was charged with attempting to pervert the course of justice by making a false allegation of assault against the police. It was said that he must have made a false statement in his application for legal aid for the purpose of bringing his civil action for assault. The 1974 Act made it an … Continue reading Regina v Snaresbrook Crown Court, ex parte Director of Public Prosecutions: 1988
A property was at first wrongly described by the agents as having mains drainage. Correcting information was sent to the buyer’s solicitors by the Agents, but the solicitors did not pass on the correction to their client. The mistake was later repeated by the valuer. Held: Sir Nicholas Browne-Wilkinson VC said: ‘if it is once … Continue reading Strover v Harrington: 1988
Legal professional privilege is an interest which falls to be balanced against competing public interests: ‘When a communication was originally privileged and in criminal proceedings privilege is claimed against the defendant by the client concerned or his solicitor, it should be for the defendant to show on the balance of probabilities that the claim cannot … Continue reading Regina v Ataou: CACD 1988
On the 01 January 2005 the complainant requested, a copy of two reports which were ‘ordered and received: (a) from Dr [name redacted] at the Royal Free Hospital, (b) From Professor [name redacted] /Unigenetics Ltd, at the Coombe Women’s Hospital, Dublin.’ The complainant also asked for additional information relating to the funding by the Legal … Continue reading Legal Services Commission (Decision Notice): ICO 30 Aug 2007
Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988
The applicant had been committed to prison pending extradition proceedings brought by Hong Kong alleging substantial fraud. He challenged the committal on the grounds that since the allegations involved transmission of funds over international borders, if he had committed the acts alleged in the UK an offence would not have been committed, since the funds … Continue reading Regina v Governor of Pentonville Prison, Ex Parte Osman: QBD 30 Mar 1988
As part of a contract for ship-building, a delivery credit was made available to the purchaser as an ‘option’, in default of exercise of which the full price was payable in cash. The option was taken. The loan was to be repaid by bills of exchange accepted by the vessel’s purchaser, and was to be … Continue reading Oresundsvarvet AB v Marcos Diamantis Lemos (The ‘Angelic Star’): CA 1988
A solicitor had undertaken to look after certain passports, but failed to do so. The husband had twice previously kidnapped his children whose custody was an issue before the court. Once the husband regained the passports, he again fled with the children. Held: The court should be prepared to find a duty of care on … Continue reading Al-Kandari v J R Brown and Co: CA 1988
The parties had entered into contracts for the construction of dwellings. The contractors sought payment. The council alleged shortcomings in the works. The principal parties had settled the dispute, but a sub-contractor now sought disclosure of the agreement so that it could pursue its own action. The council said that the document was covered by … Continue reading Rush and Tomkins Ltd v Greater London Council: HL 3 Nov 1988
Use of ‘Without Prejudice Save as to Costs” A sub-contractor sought payment from the appellants under a construction contract for additional expenses incurred through disruption and delay. The appellants said they were liable to pay the costs, and were entitled to re-imbursement from the client, the respondent. The claim was compromised but without disclosing the … Continue reading Rush and Tompkins Ltd v Greater London Council and Another: HL 1988
Ontario Court of Appeal – ‘In our view a trial judge confronted with an exceptional case where legal aid has been refused and who is of the opinion that representation of the accused by counsel is essential to a fair trial may, upon being satisfied that the accused lacks the means to employ counsel, stay … Continue reading Regina v Rowbotham and others: 1988
The court was asked whether the costs of certain hearings should be paid by the solicitor or his client, and has regard to the solicitor’s responsibilities for the hearings going off. [1989] 1 WLR 114, [1988] 2 All ER 611 Cited by: Cited – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994 Guidance … Continue reading Sinclair-Jones v Kay: CA 1988
The court asked the extent to which international law forms part of the law of this country. Nourse LJ said: ‘For up to two and a half centuries it has been generally accepted amongst English judges and jurists that international law forms part of the law of this country. In all events if it can … Continue reading Maclaine Watson and Co Ltd v International Tin Council: CA 1988
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The claimant agreed for the defendant to repair its fleet of vehicles. The defendant, having fees outstanding, entered the claimants’ premises and removed vehicles saying falsely that they were to be repaired, and then refused to return them. The claimants said that they were not bound by the defendants terms saying that they had not … Continue reading Online Catering Ltd v Acton and Another: CA 10 Feb 2010
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim failed. Held: The claim was not disbarred in this … Continue reading Pickstone v Freemans Plc: HL 30 Jun 1988
A decision taken under the royal prerogative whether or not to issue a passport was subject to judicial review, although relief was refused on the facts of the particular case. Taylor LJ summarised the effect of the GCHQ case as making clear that the powers of the court ‘cannot be ousted merely by invoking the … Continue reading Regina v Foreign Secretary ex parte Everett: CA 20 Oct 1988
The House was asked whether a disciplinary decision by a governor was amenable to judicial review. Held: The functions of a governor adjudicating upon disciplinary charges are separate and distinct from his functions in running the prison; they are subject to the supervision of the courts in their compliance with the rules of natural justice. … Continue reading Leech v Governor of Parkhurst Prison: HL 1988
The applicants were companies owned largely by Spanish nationals operating fishing vessels within UK waters. The 1988 Act required them to re-register the vessels as British fishing vessels. The sought suspension of enforcement pending a reference to the European Court. Held: This was dispute in law, and an English Court did not have power to … Continue reading Regina v Secretary of State for Transport, Ex parte Factortame Ltd: HL 18 May 1989
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
The plaintiff complained that she had been wrongfully arrested by a soldier, since he had not given a proper reason for her detention. Held: The House accepted the existence of an implied power in a statute which would be necessary to ensure the safe and effective exercise of an express power. An unconscious or drugged … Continue reading Murray v Ministry of Defence: HL 25 May 1988
The court considered what rights existed in the annual football fixture lists created by the claimants. The claimants said that the list was created only with a considerable effort applying certain rules. The defendants denied that any copyright existed. Held: The process involved considerable effort and was not deterministic. The Directive seeks to harmonise copyright … Continue reading Football Dataco Ltd and Others v Brittens Pools Ltd (In Action 3222) and Others: ChD 23 Apr 2010
ECJ It is for the national courts, in application of the principle of cooperation laid down in Article 5 of the EEC Treaty, to ensure the legal protection which persons derive from the direct effect of provisions of Community law. Any provision of a national legal system and any legislative, administrative or judicial practice which … Continue reading Regina v Secretary of State for Transport, ex parte Factortame: ECJ 19 Jun 1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990
When the ITC did not satisfy an arbitral award made against it, the judgment creditor sought to discover where its assets could be found. Application to the Court was made under RSC 0.48 of the Supreme Court Act 1981 and under the Court’s inherent . .
The court was asked as to ownership of documents coming into existence in the course of a receivership. The plaintiff companies had argued that all documents belonged to them because the receivers were their agents and the documents were created in . .
Various leases of properties had been granted. Legal and General occupied the property under an arrangement under which they paid no rent. The landlord sought possession, saying that the agreements were licences not tenancies because of the absence . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Costs and expenses award – Convention proceedings
The first applicant had been convicted and sentenced for murder and subsequent acts of . .
A Zairese national living in Paris, went to the airport to collect, as he said, a parcel of foodstuffs sent from Africa. He could not find this, but was shown a locked trunk, which he was advised to leave alone. He however took possession of it, . .
The court allowed an appeal against the decision of the Master of the Court of Protection refusing registration to an enduring power of attorney on the ground that the donor, although capable of understanding the nature of the power, was herself . .
A winding up petition was served at an address which was not that of the plaintiff’s registered office, and nobody appeared at the hearing. A winding up order was made against the plaintiff company, which now sued the solicitors who had misserved . .
References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986
References: [2005] HCA 12, (2005) 223 CLR 1, (2005) 214 ALR 92, (2005) 79 ALJR 755 Links: Austlii (High Court of Australia) Legal practitioners – Negligence – Immunity from suit – Applicant sought legal assistance from first respondent, a statutory corporation deemed to be a firm of solicitors, in defence of criminal prosecution – First … Continue reading D’Orta-Ekenaike v Victoria Legal Aid; 10 Mar 2005
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A legal aid committee could not refuse legal aid under this provision solely on the ground that the applicant had acquired the cause of action by assignment from an insolvent company, without having regard to the other circumstances of the case. Judges: Hodgson J Citations: Unreported, 22 February 1985 Statutes: Legal Aid Act 1988 15(3)(a) … Continue reading Regina v The Law Society, Ex parte Nicholson: 22 Feb 1985
An applicant for costs against Legal Aid fund must file full details of his means. Citations: Times 12-Jul-1993 Statutes: Legal Aid Act 1988 18 Jurisdiction: England and Wales Legal Aid Updated: 05 November 2022; Ref: scu.82593
Legal Aid was properly unavailable for community charge default proceedings. No criminal charge was involved. Citations: Gazette 17-Jul-1996, Times 15-Jul-1996 Statutes: Legal Aid Act 1988 Part V Jurisdiction: England and Wales Legal Aid, Magistrates Updated: 31 October 2022; Ref: scu.80416
A party is not protected against a costs order when continuing an action beyond a limitation on the Legal Aid certificate. Citations: Independent 27-Feb-1996, Times 01-Feb-1996 Statutes: Legal Aid Act 1988 17 Jurisdiction: England and Wales Legal Aid, Costs Updated: 27 October 2022; Ref: scu.90031
Lord Chancellor is free to impose a fee scheme if it accords with the words of the Act. The standard fees regulations for magistrates Courts works are within the Lord Chancellor’s powers. Citations: Times 11-Aug-1993, Independent 24-Sep-1993 Statutes: Legal Aid Act 1988 34 Jurisdiction: England and Wales Citing: Appeal from – Regina v Lord Chancellor … Continue reading Regina v Lord Chancellor ex parte Law Society: CA 11 Aug 1993
A charging order is a form of ‘execution’ and may not be used again a legally aided party’s dwelling. Citations: Ind Summary 07-Mar-1994 Statutes: Legal Aid Act 1988 17(3)(b) Jurisdiction: England and Wales Litigation Practice Updated: 26 October 2022; Ref: scu.84592
Legal Aid Act gives no power to extend time for filing affidavit under regulations. Citations: Ind Summary 10-Jan-1994 Statutes: Legal Aid Act 1988 Jurisdiction: England and Wales Citing: Appeal from – Middleton v Middleton FD 4-Jun-1993 The court can extend the time for filing an affidavit re an order for costs against the Legal Aid … Continue reading Middleton v Middleton: CA 10 Jan 1994
An appeal against a finding of fact that a defendant was unfit to plead was not itself not a criminal proceeding. Citations: Times 14-Oct-1996, [1996] EWCA Crim 973 Links: Bailii Statutes: Legal Aid Act 1988 21 Jurisdiction: England and Wales Legal Aid Updated: 08 October 2022; Ref: scu.86627
The appellant sought two permissions to appeal. Having at one stage been legally aided in proceedings, a claim for his solicitors costs had been compromised. The court records were imperfect. It was not clear whether a circuit judge sitting as a first appeal court had directed that a matter should be heard by another circuit … Continue reading Fowler De Pledge (A Firm) v Smith: CA 20 May 2003
A solicitor claimed the sum of andpound;59.00 for the cost of preparing his legal aid bill for assessment. The court had disallowed the costs of an in-house costs draftsman preparing the bill. The Costs Procedure Rules would generally allow something toward such a charge. The Court of Appeal had given leave to appeal although the … Continue reading A Local Authority v A Mother and Child: CA 20 Dec 2000
The Act and Regulations prescribe different tests for when someone is deemed to cease to be legally assisted. The two are trying to do slightly different things, and the Regulations are not intended to over-rule the Act. The Act prevails, and the time is fixed not by the discharge of the certificate, nor by the … Continue reading Burridge; Allen v Stafford and Stafford: CA 28 Jul 1999
A refusal of legal aid to a 16 year old who was intending to cross examine police officers as to the exercise of his duties was irrational. Citations: Times 05-Mar-1998, [1998] EWHC Admin 210 Links: Bailii Statutes: Legal Aid Act 1988 21(7) Legal Aid Updated: 27 May 2022; Ref: scu.138331
An assignment of a cause of action by a company in liquidation was valid, even though the dominant purpose was to avoid having to give security for costs, and to get legal aid. In dismissing the argument that the transactions were a device to defeat the purpose of statutory provisions: ‘It is not that the … Continue reading Norglen Ltd (In Liquidation) v Reeds Rains Prudential Ltd and Others; Circuit Systems Ltd (In Liquidation) and Another v Zuken-Redac: HL 1 Dec 1997
The effect of revocation of a party’s emergency civil legal aid certificate was that he was to be deemed never to have been an assisted person. Accordingly where two costs orders had been made in interlocutory proceedings, and the defendant had been protected from an order for costs because of the legal aid certificate, it … Continue reading Deg-Deutsche Investitions Und Entwicklungsgesellshaft Mbh v Koshy and Others: CA 20 Feb 2001
The introduction of a Standard Fees Criminal Legal Aid regime did not require prior consultation with the Law Society. The rules had been imposed in accordance with the words of the enabling statute. Citations: Independent 22-Jun-1993, Times 25-Jun-1993 Statutes: Legal Aid Act 1988 34 Judicial Review, Costs, Legal Aid, Legal Professions Updated: 15 May 2022; … Continue reading Regina v Lord Chancellor ex parte the Law Society (2): QBD 22 Jun 1993
When considering making an order that an assisted person make a contribution to costs, the task of the court is set out in s 17: it is to decide the assisted parties’ liability for costs. Those costs must not exceed that which it is reasonable for the party to pay in all the circumstance. All … Continue reading Chaggar v Chaggar: CA 1997
The introduction of a Standard Criminal Legal Aid fees regime was within the Lord Chancellor’s proper range of discretion, even without consultation with the Law Society.The meaning of ‘carried entering UK’ can include clothing being worn, but caution to be used by the courts not to extend the meaning unnecessarily. Citations: Independent 04-May-1993, Ind Summary … Continue reading Regina v Lord Chancellor ex parte the Law Society (1): QBD 4 May 1993
The Court refused to award costs against the Legal Aid Board, but accepted that, in exceptional circumstances, an order may be made if they had made a contribution by delay which added to the costs of the action. Citations: Times 07-May-1998 Statutes: Legal Aid Act 1988 18 Jurisdiction: England and Wales Citing: Appeal from – … Continue reading Kelly v South Manchester Health Authority: CA 7 May 1998
