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
Allegation of systematic refusal of legal aid funding to applicants applying to the Home Office to recognise their position in this country. . .
Sentence without Counsel unlawful – Legal Aid Challenge to the lawfulness of the immediate custodial sentence imposed on the appellant in the absence of counsel to represent her in court, in circumstances where counsel had refused to attend court in support of the Criminal Bar Association (CBA) days of action. In addition, it is said … Continue reading Nguyen, Rex v: CACD 4 Nov 2022
The court amended its earlier judgment as to the overall increase in the level of damages to be awarded in personal injury cases. The system enacted in the 1999 Act remains in force in relation to litigation brought pursuant to conditional fee agreements made before April 2013 Judges: Igor Judge, Baron Judge LCJ, Lord Dyson … Continue reading Simmons v Castle: CA 10 Oct 2012
This appeal concerns the lawfulness of the guidance given by the Parole Board to its panels in December 2013 as to the test to be applied by panels of the Board when considering whether to direct the release after recall to custody of a prisoner serving a determinate sentence of imprisonment. Judges: Lord Dyson MR, … Continue reading King, Regina (on The Application of) v The Secretary of State for The Home Department: CA 9 Feb 2016
The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002
(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to whole life terms. They complained that the absence of a possibility of review or remission was a breach of their rights. Held: For a life sentence to remain compatible with Article 3 there must be a prospect … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
Judges: Chamberlain J Citations: [2019] EWHC 3065 (QB), [2019] WLR(D) 633 Links: Bailii, WLRD Statutes: Legal Aid, Sentencing and Punishment of Offenders Act 2012 14(h) 16(1), Criminal Legal Aid (Financial Resources) Regulations 2013 Jurisdiction: England and Wales Legal Aid, Contempt of Court Updated: 04 October 2022; Ref: scu.645954
Judges: Andrew Hochhauser QC sitting as a deputy High Court judge Citations: [2019] Bus LR 1901, [2019] EWHC 282 (Ch), [2019] WLR(D) 130 Links: Bailii, WLRD Statutes: Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 5 and Saving Provision) Order 2013, Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Insolvency, Costs, Legal … Continue reading Candey Ltd v Crumpler and Another (Liquidators of Peak Hotels and Resorts Ltd): ChD 15 Feb 2019
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
Proposed changes to the Legal Aid regulations were challenged as being invalid, for being discriminatory. If regulations are not authorised under statute, they will be invalid, even if they have been approved by resolutions of both Houses under the provisions of the relevant enabling Act. Held: The appeal succeeded as to the ultra vires issue.Lord … Continue reading The Public Law Project, Regina (on The Application of) v Lord Chancellor: SC 13 Jul 2016
Judges: Lord Justice Aikens And Mr Justice Mitting Citations: [2014] EWHC 564 (Admin) Links: Bailii Statutes: Legal Aid, Sentencing and Punishment of Offenders Act 2012 Jurisdiction: England and Wales Prisons Updated: 02 June 2022; Ref: scu.522111
The several claimants had applied for legal aid to resist removal proceedings, and now challenged the application of the 2012 in the decisions refusing their applications. Judges: Ouseley J Citations: [2013] EWHC 1837 (Admin) Links: Bailii Statutes: Legal Aid, Sentencing and Punishment of Offenders Act 2012 Jurisdiction: England and Wales Legal Aid Updated: 28 May … Continue reading Rrapaj and Others v Director of Legal Aid Casework and Another: Admn 2 Jul 2013
The court was asked whether an application for a person to be registered under the 2002 Act as the proprietor of a registered estate in land by reason of a period of adverse possession is valid, where part of the relevant period of possession consisted of the occupation of a residential building in circumstances constituting … Continue reading Best, Regina (on The Application of) v The Secretary of State for Justice: CA 21 Jan 2015
The court was asked whether the criminalising of trespass to land in the 2012 Act had altered the running of time in applications for registration of title to land by adverse possession. Judges: Ouseley J Citations: [2014] EWHC 1370 (Admin), [2014] WLR(D) 211 Links: Bailii, WLRD Statutes: Legal Aid, Sentencing and Punishment of Offenders Act … Continue reading Best v The Chief Land Registrar and Another: Admn 7 May 2014
The court considered the effectiveness of a transfer of a conditional fee agreement by a client to another firm of solicitors. Judges: Gloster VP CA, Davis, Beatson LJJ Citations: [2017] EWCA Civ 1980, [2017] WLR(D) 834 Links: Bailii, WLRD Statutes: Legal Aid, Sentencing and Punishment of Offenders Act 2012 Jurisdiction: England and Wales Legal Professions … Continue reading Budana v The Leeds Teaching Hospitals NHS Trust and Another: CA 5 Dec 2017
Application for judicial review of the failure of the Defendant to consult upon, and then exercise, the power within section 128 of the 2012 Act as a means of relaxing the test for the release of prisoners serving sentences of imprisonment for public protection Citations: [2017] EWHC 1948 (Admin) Links: Bailii Statutes: Legal Aid, Sentencing … Continue reading Henley-Smith, Regina (on The Application of) v Secretary of State for Justice: Admn 28 Jul 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
Lord Chancellor’s appeal, with permission granted by the court below, against the decision of the Divisional Court granting a declaration that legislation which the Lord Chancellor proposed to introduce by statutory instrument would be unlawful. Mr Eadie QC summarised the effect of the propose regulation: ‘To satisfy the residence test, an individual would have to … Continue reading Public Law Project v The Lord Chancellor and Another: CA 25 Nov 2015
EAT DISABILITY DISCRIMINATION – Compensation At a remedy hearing the Employment Tribunal awarded compensation to the Claimant for injury to feelings and personal injuries in a claim for discrimination on the grounds of disability. The Employment Tribunal determined that the Claimant should receive an award of andpound;9,000 in respect of injury to feelings and andpound;3,000 … Continue reading Pereira De Souza v Vinci Construction UK Ltd: EAT 20 Mar 2015
The court was asked whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer. The Costs judge had held that, as a matter of law, a supervening incapacity even if intermittent, automatically frustrates and thereby terminates a contract … Continue reading Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust: QBD 5 Feb 2014
The claimant sought judicial review of a decision not to give prior approval to the claimant’s solicitors, a well-known firm of immigration lawyers, to instruct Bindmans LLP, another well-known firm of immigration lawyers, to provide ‘expert’ advice on her immigration status, and instead to indicate that the work would be funded in another way and … Continue reading SP, Regina (on The Application of) v The Lord Chancellor: Admn 12 Dec 2013
The court heard an application by the wife for a legal services payment order. Mostyn J [2014] EWHC 611 (Fam) Bailii Legal Aid, Sentencing and Punishment of Offenders Act 2012 England and Wales Citing: Cited – TL v ML and others FD 9-Dec-2005 . . Cited – Currey v Currey CA 18-Oct-2006 Where one party … Continue reading Rubin v Rubin: FD 10 Mar 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
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005
Application for judicial review concerning the criteria applied by the Legal Aid Agency to determine whether relatives of a deceased should be granted legal aid for representation at an inquest into a death which has arisen in circumstances which might engage Article 2 of the European Convention of Human Rights. Held: The application succeeded. The … Continue reading Letts, Regina (on The Application of) v The Lord Chancellor and Another: Admn 20 Feb 2015
Effect upon sentencing of amendments to dangerous offender provisions Lord Thomas of Cwmgiedd CJ, Mitting, Thirlwall JJ [2014] WLR(D) 110, [2014] 2 Cr App R (S) 45, [2015] 1 All ER 93, [2014] 1 WLR 4209, [2014] EWCA Crim 334 WLRD, Bailii Criminal Justice Act 2003, Legal Aid, Sentencing and Punishment of Offenders Act 2012 … Continue reading Burinskas, Regina v, (Attorney General’s Reference (No 27 of 2013)): CACD 4 Mar 2014
The claimant had been sentenced to an indeterminate sentence for public protection with a tariff period of two years and six months. The tariff expired but he was not released. The Parole Board had twice refused to direct his release or recommend his transfer to open conditions. Timetables had been set for him to complete … Continue reading Massey, Regina (on The Application of) v Secretary of State for Justice: Admn 10 Jul 2013
The claimant challenged the lawfulness of the 2014 Regulations which amended the entitlement to legal aid for those failing a residence test: ‘ the effect of this amendment will be to exclude those who have a better than fifty-fifty chance of establishing a claim, the subject-matter of which is judged as having the highest priority … Continue reading The Public Law Project, Regina (on The Application of) v The Secretary of State for Justice The Office of The Children’s Commissioner: Admn 15 Jul 2014
The defendant appealed against his sentence to a term of imprisonment for public protection on his admission of wounding with intent. The sentencing system applied was replaced on the day following sentencing, and he said that the court should have applied the principle of lex mitior. Held: The appeal failed: ‘there was no fault in … Continue reading Docherty, Regina v: CACD 18 Jun 2014
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
The court had ordered the respondent to pay the claimant’s costs. These were high because the solicitors had acted under a conditional fee agreement, and disproportionate to the funds at issue. The respondents challenged assignments of the original . .
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