Brownlee, Re Judicial Review: CANI 23 Oct 2013

The applicant had successfully challenged the Legal Aid rules as they applied to his seeking representation on a sentencing issue in the Crown Court which had led to him being unable to find legal representation because of the inadequacy of the fee scales offered.
Held: The Department of Justice’s appeal succeeded. The problem was largely of the defendant’s own making. He had had representation through conviction, only sacking his legal team before sentencing. The problem was largely self made by the defendant. However, inadequate remuneration within a legal aid scheme can breach a defendant’s right to a fair trial under article 6 of the European Convention on Human Rights if a defendant consequently finds it impossible to obtain the services of an appropriate lawyer to represent him.

Morgan LCJ, Higgins LJ and Girvan LJ
[2013] NICA 57
Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005, European Convention on Human Rights 6
Appeal fromBrownlee, Re Judicial Review QBNI 20-Mar-2013
The applicant, a convicted prisoner sought a declaration that the respondent’s decision to make no provision for exceptional circumstances in the payment of fees under the 2011 Amendment Rules is unlawful and a declaration that the said Rules . .

Cited by:
Appeal fromIn re Brownlee for Judicial Review SC 29-Jan-2014
The appellant challenged the course taken in his criminal trial after his legal team had withdrawn citing professional embarassment. No replacement team could be found willing to act in a complicated sentencing matter because of the reduced fixed . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland, Legal Aid

Updated: 21 November 2021; Ref: scu.517771