The Law Society of Northern Ireland sought an order to quash a letter from the new NI Legal Service Commission declining to implement the remuneration rates set by the Society. There had been no review of charging rates by the commission for some considerable time, and the Society established its own committee to consider the issue. They argued that the duty to fix rates under the order was not dependent upon affordability. The court service had not agreed the new rates. The Society argued that they had been involved through membership of the relevant committees. There was a duty to provide fair and reasonable remuneration.
Held: ‘The constitutional requirement that parliament contains direct control of public expenditure operates as an aid to construction of statutory provisions. ‘ The Society was not free to set remuneration rates without the agreement of those who were to fund them. The Society’s solution was to approach the Lord Chancellor who set the level of funds available.
Judges:
Girvan J
Citations:
[2004] NIQB 48
Links:
Statutes:
Legal Aid (Northern Ireland) Order 1981
Citing:
Cited – Steele Ford and Newton v Crown Prosecution Service (No.2) HL 1993
The House considered the court’s jurisdiction to award costs out of central funds.
Held: In this case there was no such power, but: ‘still more important, in the present context, is the special constitutional convention which jealously . .
Cited – Auckland Harbour Board v The King PC 1924
The making of ex gratia payments is lawful if, but not unless, there is Parliamentary authority for the disbursements: ‘It has been a principle of the British constitution now for more than two centuries . . that no money can be taken out of the . .
Cited – Regina v Brent London Borough Council ex parte Gunning 1985
The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the . .
Cited – Regina v Lambeth Borough Council ex parte Clayhope Properties Limited 1988
A local authority may plead the invalidity of its own repairs notices in resisting tenants applications for grants to meet the costs of compliance. . .
Lists of cited by and citing cases may be incomplete.
Northern Ireland, Legal Professions
Updated: 21 June 2022; Ref: scu.213675