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Regina v Bow County Court Ex parte Pelling: QBD 8 Mar 1999

Mr Pelling sought to act as a McKenzie friend. On being refused he sought judicial review of he decision to exclude him. Held: Review was refused. A McKenzie friend has himself no locus to challenge a decision by a county court judge not to allow him to be present in a chambers appointment; that right … Continue reading Regina v Bow County Court Ex parte Pelling: QBD 8 Mar 1999

Regina v Bow County Court, Ex Parte Pelling: CA 17 Dec 1999

Access to the court given to a McKenzie Friend should normally be given in matters in open court, but when it came to matters being heard in chambers, the judge had discretion as to who he would hear. The right is in any event that of the litigant, and not of the McKenzie friend, who … Continue reading Regina v Bow County Court, Ex Parte Pelling: CA 17 Dec 1999

JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department: HL 26 Nov 2008

The prisoner was left with serious injury after attempting suicide in prison. He said that there was a human rights duty to hold an investigation into the circumstances leading up to this. Held: There existed a similar duty to hold an enhanced investigation as exists after a suicide, though: ‘The initial investigation should be prompt, … Continue reading JL, Regina (on the Application of) v Secretary of State for Justice; Regina (L (A Patient)) v Secretary of State for the Home Department: HL 26 Nov 2008

O’Brien v Ministry of Justice: SC 6 Feb 2013

The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013

BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003

The claimants wanted to bring actions in respect of various matters under shareholders agreements in complex international joint ventures. Leave was given to serve English proceedings in Malta, and the claim form and particulars of claim were faxed and emailed and delivered by hand at the registered offices of the company and at the private … Continue reading BAS Capital Funding Corporation, Deutsche Bank Ag London, Paine Webber Capital Inc, PW Exe Lp, Pw Partners 1999 Lp v Medfinco Limited, Abacus Holdings Limited, Andreas W Gerdes, HTC Inc, etc: ChD 25 Jul 2003

Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

A statement made by a politician as to his intentions on a particular matter if elected could not create a legitimate expectation as regards the delivery of the promise after elected, even where the promise would directly affect individuals, and the costs of a child’s education. Any consequences of a failure to keep a promise … Continue reading Regina v Department of Education and Employment ex parte Begbie: CA 20 Aug 1999

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

Home Office v Lownds (Practice Note): CA 21 Mar 2002

The respondent had been ordered to pay costs of over pounds 16,000 in an action for clinical negligence where the final award was only pounds 4,000. The Secretary of State appealed claiming that the costs were disproportionate. Held: In such cases the court must undertake a two stage examination. First it should look at the … Continue reading Home Office v Lownds (Practice Note): CA 21 Mar 2002

Secretary of State for Justice v MM: SC 28 Nov 2018

The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a conditional release. He said that that was discriminatory. Held: (Lord Hughes dissenting) The appeal failed. The … Continue reading Secretary of State for Justice v MM: SC 28 Nov 2018

Greenough v Ministry of Justice: Admn 11 Sep 2013

Application for permission to continue judicial review proceedings, permission having been refused on the papers. The challenge is brought by the claimant against a refusal by the Ministry of Justice to authorise exceptional funding, pursuant to section 6(8) subparagraph (b) of the Access to Justice Act 1999 for representation at an inquest into the death … Continue reading Greenough v Ministry of Justice: Admn 11 Sep 2013

Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014

C (acting by her litigation friend JF) v W: CA 19 Dec 2008

The court considered the proper basis for a success fee payable on a conditional fee agreement where, when signed, the defendant had already admitted liability. The claim was by a woman after being injured in a car driven by her brother. By the time her second form of solicitors took over the case the defendant … Continue reading C (acting by her litigation friend JF) v W: CA 19 Dec 2008

O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999

The House considered a petition by a holder of 25 of the 100 issued shares in the company against the majority shareholder. The petitioner, an ex-employee, had been taken into management and then given his shares and permitted to take 50% of the company’s profits and a salary. Later the respondent in negotiations with the … Continue reading O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999

Whitston (Asbestos Victims Support Groups Forum UK), Regina (on The Application of) v Secretary of State for Justice: Admn 2 Oct 2014

The claimants challenged the selection by the defendant of victims of meselothemia as a group were excluded from entitlement to the recovery of success fees and insurance premiums paid by successful claimants from unsuccessful defendants. Held: The claim succeeded. The basis of the decision to exclude such claims was quite inadequate as a consultation: ‘The … Continue reading Whitston (Asbestos Victims Support Groups Forum UK), Regina (on The Application of) v Secretary of State for Justice: Admn 2 Oct 2014

Yaxley v Gotts and Another: CA 24 Jun 1999

Oral Agreement Creating Proprietory Estoppel The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name of the first defendant, the second … Continue reading Yaxley v Gotts and Another: CA 24 Jun 1999

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

Where the Court of Appeal had refused permission to apply for judicial review after a similar refusal by a judge, that decision was also, by implication, a refusal to grant permission to appeal against the judge’s decision, and there was no scope for a further appeal to the House of Lords. It is not the … Continue reading Regina v Secretary of State for Trade and Industry, Ex Parte Eastaway: HL 8 Nov 2000

Deg-Deutsche Investitions Und Entwicklungsgesellshaft Mbh v Koshy and Others: CA 20 Feb 2001

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

Legal Services Commission (Decision Notice): ICO 7 Jul 2008

The complainant wrote to the Legal Services Commission to request a copy of a report it had received in connection with an application for legal aid. The public authority refused the request under section 44 of the Act which provides for an exemption where disclosure is prohibited under any other law or enactment. The public … Continue reading Legal Services Commission (Decision Notice): ICO 7 Jul 2008

Fieldman and Another v Markovitch and Another: CA 4 Jul 2001

Where a judge, on an oral application, gave leave to appeal, but limited it to certain issues, it was not for the party on the later substantive appeal to try again to re-open issues which that judge had considered and excluded. Once leave to appeal had been granted after first written and then oral submissions, … Continue reading Fieldman and Another v Markovitch and Another: CA 4 Jul 2001

Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005

The council brought care proceedings. A residential assessment was to be ordered. The Council sought an order for the respondent mother who was legally aided to bear a portion of the cost of the assessment. The Legal Services Commission intervened to object to any order to pay any contribution to the costs. Held: An assessment … Continue reading Lambeth London Borough Council v S and C and V and J and Legal Services Commission: FD 3 May 2005

Westminster City Council v O’Reilly and others: CA 1 Jul 2003

The defendant sought to appeal against a decision of the High Court on a case stated by the Magistrates. Held: A decision by the High Court on an appeal by way of case stated from the Magistrates was final, and no further appeal lay to the Court of Appeal. The Order did not avoid the … Continue reading Westminster City Council v O’Reilly and others: CA 1 Jul 2003

KU (A Child) v Liverpool City Council: CA 27 Apr 2005

(Practice Note) The solicitor appealed an order which made the success fee payable different at different stages of the court action. Held: The court had no power to make such an order. To the extent that the CPR might suggest otherwise they were wrong. ‘a practice direction has no legislative force. Practice directions provide invaluable … Continue reading KU (A Child) v Liverpool City Council: CA 27 Apr 2005

Legal Services Commission (Decision Notice): ICO 30 Aug 2007

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

Hill v Bailey: SCCO 25 Nov 2003

The issue raised by this appeal is neatly put in paragraph 1 of Mr Justice Lightman’s judgment: ‘This appeal raises questions as to the application and effect of Section 11 of the Access to Justice Act 1999 and the Community Legal Services (Costs) Regulations 2000 made thereunder. These statutory provisions apply where a party is … Continue reading Hill v Bailey: SCCO 25 Nov 2003

Jones and Another v Congregational and General Insurance plc: QBD 2 May 2003

The claimants had lost their claim on an insurance policy, and had had costs awarded against them subject only to the issue of whether the fact that they had been legally aided protected them. Held: The applicants had been found to be guilty of fraud, both as to the underlying claim, and in their applications … Continue reading Jones and Another v Congregational and General Insurance plc: QBD 2 May 2003

Hyde v Milton Keynes NHS Foundation Trust: CA 23 May 2017

Whether conditional fee agreement had become unenforceable due to the concurrency of public legal aid funding and a private retainer. Judges: Davis, Lewison, McCombe LJJ Citations: [2017] EWCA Civ 399, [2017] WLR(D) 362 Links: Bailii, WLRD Statutes: Access to Justice Act 1999 10(1) 22(2) Jurisdiction: England and Wales Legal Aid, Costs Updated: 26 March 2022; … Continue reading Hyde v Milton Keynes NHS Foundation Trust: CA 23 May 2017

Times Newspapers Ltd and Others v Flood and Others: SC 11 Apr 2017

Three newspaper publishers, having lost defamation cases, challenged the levels of costs awarded against them, saying that the levels infringed their own rights of free speech. Held: Each of the three appeals was dismissed. Judges: Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Hughes, Lord Hodge Citations: [2017] UKSC 33 Links: Bailii, Bailii Summary Statutes: … Continue reading Times Newspapers Ltd and Others v Flood and Others: SC 11 Apr 2017

Thompson (A Child) v Bradford: SCCO 30 Oct 2006

The short but important issue for decision in this case is the date from which the three month period for making an application that the Legal Services Commission should pay the costs of a successful non-legally aided opponent, specified in Section 11(1), of The Access to Justice Act 1999 pursuant to Regulation 10(2) of the … Continue reading Thompson (A Child) v Bradford: SCCO 30 Oct 2006

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

James and Others v The United Kingdom: ECHR 21 Feb 1986

The claimants challenged the 1967 Act, saying that it deprived them of their property rights when lessees were given the power to purchase the freehold reversion. Held: Article 1 (P1-1) in substance guarantees the right of property. Allowing a mechanism for the compulsory transfer of the freehold interest in the house and the land to … Continue reading James and Others v The United Kingdom: ECHR 21 Feb 1986

Miaris v The Secretary of State for Communities and Local Government and Others: Admn 17 Jul 2015

The grant of a permission to appeal on a second occasion was not to be quashed under the 1999 Act. John Howell QC HHJ [2015] EWHC 2094 (Admin), [2015] WLR(D) 319, [2015] 1 WLR 4333 Bailii, WLRD Access to Justice Act 1999 55(1), Town and Country Planning Act 1990 289(6) Planning, Litigation Practice Updated: 02 … Continue reading Miaris v The Secretary of State for Communities and Local Government and Others: Admn 17 Jul 2015

Animal Defenders International v The United Kingdom: ECHR 22 Apr 2013

ECHR (Grand Chamber) Article 10-1 Freedom of expression Refusal of permission for non-governmental organisation to place television advert owing to statutory prohibition of political advertising: no violation Facts – The Communications Act 2003 prohibits political advertising in television or radio services, the aim being to maintain impartiality in the broadcast media and to prevent powerful … Continue reading Animal Defenders International v The United Kingdom: ECHR 22 Apr 2013

TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

The claimant sought to register and enforce here, a judgment obtained by default in Germany. It was argued that he had not had, under section 27(2) sufficient opportunity to make a proper reply to the proceedings, and that the Brussels Convention created a right of appeal outside the range of appeals under the Civil Procedure … Continue reading TSN Kunststoffrecycling Gmbh v Jurgens: CA 25 Jan 2002

The Lord Chancellor (As Successor To The Legal Services Commission) v Cooke and Another (Charges and Charging Orders : Charges Imposed Pursuant To Statute): LRA 31 Jan 2014

LRA Where a party obtains public funding of litigation as to the amount secured by a mortgage or charge and that results in a reduction of the amount claimed by the mortgagee, the Legal Services Commission is entitled to a charge over the funded party’s beneficial interest in the property under section 10(7) of the … Continue reading The Lord Chancellor (As Successor To The Legal Services Commission) v Cooke and Another (Charges and Charging Orders : Charges Imposed Pursuant To Statute): LRA 31 Jan 2014

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The Law Society, Regina (on the Application of) v Legal Services Commission: CA 29 Nov 2007

The Law Society challenged the new contract proposed for legal aid providers, saying that the Unified Contract reserved too great powers to alter its terms unilaterally, and was in breach of the European Directive on standards for public procurement contracts. Held: The contract was invalid. Where amendments to the tender criteria or to the contract … Continue reading The Law Society, Regina (on the Application of) v Legal Services Commission: CA 29 Nov 2007

Lawrence and Another v Fen Tigers Ltd and Others: QBD 4 Mar 2011

The claimants had complained that motor-cycle and other racing activities on neighbouring lands were a noise nuisance, but the court also considered that agents of the defendants had sought to intimidate the claimants into not pursuing their action. The defendants argued that the properties were in any event noisy because of proximity to RAF Mildenhall. … Continue reading Lawrence and Another v Fen Tigers Ltd and Others: QBD 4 Mar 2011

Official Receiver v Meade-King and Another: CA 30 Jan 2001

The appeals raise a point of some general importance in relation to the powers of the official receiver; namely, whether, at a time when the official receiver is pursuing disqualification proceedings against a former director, the court has jurisdiction to make an order, on an application made by the official receiver under section 236 of … Continue reading Official Receiver v Meade-King and Another: CA 30 Jan 2001

Patel, Regina (on The Application of) v Lord Chancellor: Admn 27 Aug 2010

No Right to Legal Aid for Inquest The claimant challenged the refusal to her of assistance toward her legal costs in securing representation at the coroner’s inquest into the bombings in London in July 2005. He husband was suspected of being one of the suicide bombers. Held: There was no right to funding at an … Continue reading Patel, Regina (on The Application of) v Lord Chancellor: Admn 27 Aug 2010

Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another: CA 28 Nov 2002

Having had various claims made in county courts rejected, the applicant was then refused leave to appeal. He sought judicial review of the refusal to give leave to appeal, and now appealed the refusal of leave to apply for a judicial review. Held: In the absence of some procedural irregularity or other exceptional circumstance, judicial … Continue reading Sivasubramaniam v Wandsworth County Court, Management of Guildford College of Further and Higher Education and Another: CA 28 Nov 2002

Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008

The applicant, a non-profit company who campaigned against animal cruelty, sought a declaration of incompatibility for section 321(2) of the 2003 Act, which prevented adverts with political purposes, as an unjustified restraint on the right of political expression. Held: Though the regulation was an interference in the claimant’s right of free expression, it was prescribed … Continue reading Animal Defenders International, Regina (on the Application of) v Secretary of State for Culture, Media and Sport: HL 12 Mar 2008

Callery v Gray, Russell v Pal Pak Corrugated Ltd (No 1): CA 18 Jul 2001

Claimants in modest, straightforward personal injury claims cases should have re-imbursed to them by the defendant, the cost of after the event insurance, if necessary by costs only proceedings. The solicitor’s success fee should also be recovered. It was reasonable for claimants and lawyers to agree insurance and conditional fee arrangements at a very early … Continue reading Callery v Gray, Russell v Pal Pak Corrugated Ltd (No 1): CA 18 Jul 2001

MGN Limited v United Kingdom: ECHR 18 Jan 2011

The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011

Leeds City Council v Price and Others: QBD 4 Apr 2011

The council had successfully defended a case brought by the defendant under legal aid. The parties now disputed whether it could recover the costs from the Legal Service Commission. The LSC answered that it had not been given proper notice of the costs application and was not bound by it. Held: The order for payment … Continue reading Leeds City Council v Price and Others: QBD 4 Apr 2011

Coventry and Others v Lawrence and Another: SC 26 Feb 2014

C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance. Held: The neighbour’s appeal succeeded. C, but not the freeholder were liable in nuisance. In the … Continue reading Coventry and Others v Lawrence and Another: SC 26 Feb 2014

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

E, Regina (On the Application of) v Governing Body of JFS and Another: SC 14 Oct 2009

The claimant had successfully challenged the policy of the school as racially discriminatory. He now sought an ancillary order that the respondents should not be allowed to request their costs from the defendant’s appeal whatever the outcome, the Legal Services Commission having withdrawn legal aid. It was argued that the protection sought would remove from … Continue reading E, Regina (On the Application of) v Governing Body of JFS and Another: SC 14 Oct 2009

Kris Motor Spares Ltd v Fox Williams Llp: QBD 12 May 2010

The claimant sought to challenge the After the Event Insurance (ATE) bought by its solicitors late in the day in their claim, before then withdrawing the conditional fee agreement. The premium was over andpound;90,000. Held: The appeal failed. It had been reasonable to take out the ATE policy because of decisions made by the claimants … Continue reading Kris Motor Spares Ltd v Fox Williams Llp: QBD 12 May 2010

MGN Limited v United Kingdom: ECHR 24 Oct 2008

The Mirror had published a picture of Naomi Campbell leaving a rehabilitation clinic. They appealed a decision in which having been found to have infringed her privacy by a covertly taken photograph, they had then been ordered to pay very substantial sums in costs, including a success fee. Held: The court asked the parties to … Continue reading MGN Limited v United Kingdom: ECHR 24 Oct 2008

Callery v Gray (1) and (2): HL 27 Jun 2002

Success fees and ATE premiums were recoverable Objection was made to a claimed uplift of 20% sought by the plaintiff’s solicitors. The defendant’s insurers said that there had been little at risk for them. Held: The system of conditional fees insurance had been introduced to remedy defects in the Legal Aid system. The new system … Continue reading Callery v Gray (1) and (2): HL 27 Jun 2002

Campbell v MGN Ltd (No 2): HL 20 Oct 2005

The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed that the costs claimed infringed its right to freedom of expression. Held: The … Continue reading Campbell v MGN Ltd (No 2): HL 20 Oct 2005

Coventry and Others v Lawrence and Another (No 2): SC 23 Jul 2014

Consequential judgment. Mr Coventry had been found liable in the principle judgment in nuisance to the appellant neighbours. The Court was now asked as to several matters arising. First, to what extent were the defendants’ landlords liable to the claimants, and second as to the suspension of the injunctions whilst the property to be protected … Continue reading Coventry and Others v Lawrence and Another (No 2): SC 23 Jul 2014