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 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, 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  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 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. Ouseley J  EWHC 1837 (Admin) Bailii Legal Aid, Sentencing and Punishment of Offenders Act 2012 Legal Aid Updated: 15 November 2021; Ref: scu.512135
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
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  WLR(D) 110,  2 Cr App R (S) 45,  1 All ER 93,  1 WLR 4209,  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 . .
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 . .
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 . .
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. . .
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 . .
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. . .
The court considered the effectiveness of a transfer of a conditional fee agreement by a client to another firm of solicitors. . .
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 . .
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. . .
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(Grand Chamber) The appellants had each been convicted of more than one murder and had been sentenced to to whole life terms. They complained that the absence of a possibility of review or remissionThe applicants had each been convicted of multiple murders and sentenced to to whole life terms of imprisonment. They had appealed saying … Continue reading Vinter And Others v The United Kingdom: ECHR 9 Jul 2013
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
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
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
Allegation of systematic refusal of legal aid funding to applicants applying to the Home Office to recognise their position in this country. . .