Kinderis v Kineriene: FD 18 Dec 2013

This is a public judgment to highlight a now chronic problem with regard to the provision of legal aid in cases of alleged international child abduction by a parent to this country. These are some of the most grave cases which come before our family courts. They may, and usually do, involve very serious issues indeed for both parents and for the child or children concerned.

Holman J
[2013] EWHC 4139 (Fam)
Bailii
England and Wales

Legal Aid, Children, International

Updated: 28 November 2021; Ref: scu.519685

SP, Regina (on The Application of) v The Lord Chancellor: Admn 12 Dec 2013

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 at a different rate.
Held: The court order under which the advice was required referred to the advice of counsel, and the application named the firm and not an individual expert: ‘Providing an expert’s report for the assistance of the court is a personal task: it is the responsibility of a named individual. A firm of solicitors cannot act as an expert: in the same way, if the court orders an expert accountant to provide a report, that report has to be provided by an individual, not by ‘Arthur Anderson’ or ‘Deloittes’.’

Coulson J
[2013] EWHC 4011 (Admin)
Bailii
Legal Aid, Sentencing and Punishment of Offenders Act 2012 32, The Civil Legal Aid (Remuneration) Regulations 2013
England and Wales
Citing:
CitedKing v Brandywine Reinsurance Company CA 10-Mar-2005
Excess of Loss reinsurance. In the civil courts of England and Wales is that (with one obvious exception) expert evidence on the domestic law is inadmissible. . .

Lists of cited by and citing cases may be incomplete.

Legal Aid, Litigation Practice

Updated: 27 November 2021; Ref: scu.519014

Sociedade Agricola E Imobiliaria Da Quinta De S. Paio Lda v Instituto Da Seguranca Social Ip: ECJ 28 Nov 2013

ECJ Request for a preliminary ruling – Charter of Fundamental Rights of the European Union – Right to an effective remedy – Legal persons pursuing a commercial objective – Legal aid – No link with European Union law – Clear lack of jurisdiction of the Court

C-258/13, [2013] EUECJ C-258/13
Bailii

European, Legal Aid

Updated: 26 November 2021; Ref: scu.518886

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 of her brother, who it is common ground died in his own home on 8th February 2012, on the day following his discharge from hospital.

Pelling QC HHJ
[2013] EWHC 3112 (Admin)
Bailii
Access to Justice Act 1999 6(8)
England and Wales

Coroners, Legal Aid

Updated: 22 November 2021; Ref: scu.516590

Regina v Rowbotham and others: 1988

Ontario Court of Appeal – ‘In our view a trial judge confronted with an exceptional case where legal aid has been refused and who is of the opinion that representation of the accused by counsel is essential to a fair trial may, upon being satisfied that the accused lacks the means to employ counsel, stay the proceedings against the accused until the necessary funding of counsel is provided.’ Although they base that upon the charter of the state, they were of the view that the trial judge had the power to do that even before the advent of the charter; in other words, under the Common Law.’

Judges of Appeal Martin, Corey and Grange
(1988) 41 CCC,(3d) 1
Cited by:
CitedRegina v Dadshani 8-Feb-2008
Ontario – Superior Court of Justice – proceeding in the nature of a Rowbotham or Fisher application to secure state funding for the defences of the accused who are facing charges of first degree murder. . .
CitedP, Regina v Misc 18-Mar-2008
Crown Court at Harrow – The Court stayed the criminal proceedings because the defendant was unable to retain counsel because of what was said to be a failure to provide adequate legal aid fees in criminal confiscation proceedings. . .
CitedIn 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.

Commonwealth, Legal Aid, Criminal Practice

Updated: 21 November 2021; Ref: scu.541393

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
Bailii
Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005, European Convention on Human Rights 6
Citing:
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

In 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 fee legal aid scheme. He had succeeded at first instance, but the Court of Appeal had held the Rules to be lawful.
Held: The appeal succeeded. The Rules failed to make allowance for the need for legal representatives to be paid for preparatory work in connection with sentencing had not been allowed for. However, sice the Rules had already been amended, the remedy would be by way of a declaration, rather than mandamus.
The Court of appeal had not allowed for the fact that the change of representation was initiated by the legal representatives and not by the appellant.

Lord Neuberger, President, Lord Kerr, Lord Clarke, Lord Reed, Lord Hodge
[2014] UKSC 4, UKSC 2013/0247, [2014] NI 188
Bailii, Bailii Summary, SC Summary, SC
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
Northern Ireland
Citing:
Appeal fromBrownlee, 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 . .
At First InstanceBrownlee, 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 . .
CitedRegina v Rowbotham and others 1988
Ontario Court of Appeal – ‘In our view a trial judge confronted with an exceptional case where legal aid has been refused and who is of the opinion that representation of the accused by counsel is essential to a fair trial may, upon being satisfied . .
CitedMcLean and Another v Buchanan, Procurator Fiscal and Another PC 24-May-2001
(Appeal from High Court of Justiciary (Scotland)) It was not an infringement of a defendant’s right to a fair trial where the costs of defending the case brought against him would be substantial, but where his solicitors would be paid only a small . .
CitedCullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland) HL 10-Jul-2003
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
CitedRegina v Ulcay CACD 19-Oct-2007
The defendant appealed against his conviction, saying that his counsel and solicitors had withdrawn at the last moment on the grounds of professional embarrassment, the defendant having altered his instructions. New lawyers were unwilling to assist . .
CitedP, Regina v Misc 18-Mar-2008
Crown Court at Harrow – The Court stayed the criminal proceedings because the defendant was unable to retain counsel because of what was said to be a failure to provide adequate legal aid fees in criminal confiscation proceedings. . .
CitedPennock and Another v Hodgson CA 27-Jul-2010
In a boundary dispute, the judge had found a boundary, locating it by reference to physical features not mentioned in the unambigous conveyance.
Held: The judge had reiterated but not relied upon the statement as to the subjective views of the . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Aid

Updated: 21 November 2021; Ref: scu.521153

Regina v Ashgar Khan: 10 Jul 2001

Judge Wakerley QC expressed his concern at the numbers of applications for transfer of representation in the Crown Court. The court has a duty to bear in mind the cost to the taxpayer and that, as a result, good reason must be established before a representation order was transferred. He emphasised that the court will insist on strict compliance with the provisions of Regulation 16 which meant that the grounds of the application and full particulars need to be specified by the existing representative.
He observed: ‘This court will insist on strict compliance with the provisions of Regulation 16 . . The grounds of the application and full particulars need to be specified by the existing representatives. Next, the substantial compelling reason under subparagraph 2(4), if relied on, needs to be specified so that I can identify it. It will not generally be sufficient to allege a lack of care or competence of existing representatives . . only in extremely rare cases, and where full particulars are given in the application, will a general ground of loss of confidence or incompetence be entertained. It must further be pointed out that it will not be sufficient simply to say that there is a breakdown in the relationship between solicitor and client. Many breakdowns are imagined rather than real or as a result of proper advice’

Judge Wakerley QC
Unreported, 10 July 2001
Criminal Defence Service (General)(No.2) Regulations 2001 16
England and Wales
Cited by:
ApprovedRegina v Ulcay CACD 19-Oct-2007
The defendant appealed against his conviction, saying that his counsel and solicitors had withdrawn at the last moment on the grounds of professional embarrassment, the defendant having altered his instructions. New lawyers were unwilling to assist . .
ApprovedClive Rees Associates, Solicitors, Regina (on The Application of) v Swansea Magistrates Court and Another Admn 30-Nov-2011
The claimant solicitors challenged a decision of the respondents to transfer legal aid orders for the representation of clients to a second frm of solicitors.
Held: The court considered the various cases, finding three decisions unlawful and . .

Lists of cited by and citing cases may be incomplete.

Legal Professions, Legal Aid

Updated: 20 November 2021; Ref: scu.449711

Brownlee, 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 operate to constitute a breach of the applicant’s right to a fair trial pursuant to Art 6 of the ECHR. He was awaiting sentence, on a matter which might leave him subject to an indeterminate life sentence, but had no legal representation. The judge at trial had decided that he needed representation at a senior level. The LSC had cofirmed that having switched legal representation, fees would be available only on a fixed fee basis.
Held: The Rules were unlawful: ‘in order to avoid illegality there must be a modest adjustment to the impugned scheme or some other provision to enable the necessary adjustment to meet the exceptional and unusual circumstances which have arisen and to avoid the injustice which will thereby inevitably result if this is not done.’ Treacy J made an order of mandamus requiring the respondent, the Department of Justice to take all necessary steps to make Mr Brownlee’s right to legal aid effective.

Treacy J
[2013] NIQB 36
Bailii
Crown Court Proceedings (Cost) (Amendment) Rules 2011, European Convention on Human Rights 6
Citing:
CitedP, Regina v Misc 18-Mar-2008
Crown Court at Harrow – The Court stayed the criminal proceedings because the defendant was unable to retain counsel because of what was said to be a failure to provide adequate legal aid fees in criminal confiscation proceedings. . .

Cited by:
Appeal fromBrownlee, 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 . .
At First InstanceIn 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, Criminal Practice, Legal Aid, Human Rights, Legal Professions

Updated: 20 November 2021; Ref: scu.503527

Moosa, Regina (on The Application of) v Legal Services Commission: Admn 29 Jul 2013

Application for permission to apply for judicial review of a final decision by the Legal Services Commission to refuse to grant public funding, or legal aid for proceedings before the Court of Protection.
Held: The decision reached by the Legal Services Commission in their decision letter is not even arguably wrong.

Holman J
[2013] EWHC 2804 (Admin)
Bailii

Legal Aid

Updated: 20 November 2021; Ref: scu.515307

Currie and Co v The Law Society: 1976

Set-off of costs or damages to which one party is entitled against costs or damages to which another party is entitled depends upon the application of equitable rules. May J said: ‘[T]he set-off takes precedence over the solicitor’s particular lien, which will then be limited to the balance, if any, due to his client after the set off’ and it is ‘a ‘question for the court’s discretion.’

May J
[1977] QB 990, [1976] 3 All ER 832, [1976] 3 WLR 785
Cited by:
CitedLockley v National Blood Transfusion Service CA 1992
There was an interlocutory dispute over the granting of an extension of time for service of the defence. The legally aided plaintiff challenged the costs orders made by the district registrar and the judge. Each ordered that the costs be the . .
CitedRidehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .

Lists of cited by and citing cases may be incomplete.

Legal Aid, Legal Professions, Costs

Updated: 19 November 2021; Ref: scu.216498

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 inquest, and specific authority was required and to be given only where there was a proper public interest in such representation. The threshold for such funding was high. Funding had been given to families of the victims, with a potential of the client’s involvement producing real benefits for individuals other than the client. The application did not meet that test. If such applications were to be made, they must be made in a timely manner. This application had not been made in such a manner.

Thomas LJ, Silber J
[2010] EWHC 2220 (Admin), [2011] ACD 5, [2010] WLR (D) 240, [2010] Inquest LR 188
Bailii
Access to Justice Act 1999 1, Senior Courts Act 1981 31(6)
England and Wales
Citing:
CitedFinn-Kelcey v Milton Keynes Council and MK Windfarm Ltd CA 10-Oct-2008
Judicial Review must be timely
The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits.
Held: The court repeated the requirement that an application must be both . .

Lists of cited by and citing cases may be incomplete.

Coroners, Legal Aid

Updated: 11 November 2021; Ref: scu.421893

Wallersteiner v Moir (No 2): CA 1975

The court was asked whether Moir would be entitled to legal aid to bring a derivative action on behalf of a company against its majority shareholder.
Held: A minority shareholder bringing a derivative action on behalf of a company could obtain the authority of the court to sue as if he were a trustee suing on behalf of a fund, with the same entitlement to be indemnified out of the assets against his costs and any costs he may be ordered to pay to the other party. The court said that the minority shareholder could make a Beddoe application in the same way as a trustee and so secure an assurance that he would not be personally liable for any costs. Since he was asserting the company’s cause of action on the company’s behalf, the Legal Aid provisions prevented the grant of legal aid.
Denning LJ said of someone bringing an action on behalf of the company that ‘the minority shareholder, being an agent acting on behalf of the company is entitled to be indemnified by the company against all costs and expenses reasonably incurred by him in the course of the agency. It is analogous to the indemnity to which a trustee is entitled from his cestui que trust who is sui juris.’
As to the position of a solicitor in litigation, he said: ‘It may be worthwhile to indicate briefly the nature of the public policy question. It can, I think, be summarised in two statements; first in litigation a professional lawyer’s role is to advise his client with a clear eye and an unbiased judgment; secondly, a solicitor retained to conduct litigation is not merely the agent and adviser to his client, but also an officer of the court, with a duty to the court to ensure that his client’s case which he must of course present and conduct with the utmost of care of his client’s interests, is also presented and conducted with scrupulous fairness and integrity. A barrister has similar obligations. A legal adviser who acquires a personal financial interest in the outcome of the litigation may obviously find himself in a situation in which that interest conflicts with those obligations.’
. . And ‘It is a fundamental principle of our law that a company is a legal person, with its own corporate identity, separate and distinct from the directors or shareholders, and with its own property rights and interests to which alone it is entitled. If it is defrauded by a wrongdoer, the company itself is the one person to sue for the damage. Such is the rule in Foss v. Harbottle (1843) 2 Hare 461. The rule is easy enough to apply when the company is defrauded by outsiders. The company itself is the only person who can sue. Likewise, when it is defrauded by insiders of a minor kind, once again the company is the only person who can sue. But suppose it is defrauded by insiders who control its affairs – by directors who hold a majority of the shares – who then can sue for damages? Those directors are themselves the wrongdoers. If a board meeting is held, they will not authorise the proceedings to be taken by the company against themselves. If a general meeting is called, they will vote down any suggestion that the company should sue them themselves. Yet the company is the one person who is damnified. It is the one person who should sue. In one way or another some means must be found for the company to sue. Otherwise the law would fail in its purpose. Injustice would be done without redress.’
Scarman LJ said: ‘The indemnity is a right distinct from the right of a successful litigant to his costs at the discretion of the trial judge; it is a right which springs from a combination of factors – the interest of the company and its shareholders, the relationship between the shareholder and the company, and the court’s sanction (a better word would be ‘permission’) for the action to be brought at the company’s expense. It is a full indemnity such as an agent has who incurs expense in the authorised business of his principal.’
Buckley LJ said: ‘[T]here are circumstances in which a party can embark on litigation with a confident expectation that he will be indemnified in some measure against costs. A trustee who properly and reasonably prosecutes or defends an action relating to his trust property or the execution of the trusts is entitled to be indemnified out of the trust property. An agent is entitled to be indemnified by his principal against costs incurred in consequence of carrying out the principal’s instructions . . The next friend of an infant plaintiff is prima facie entitled to be indemnified against costs out of the infant’s estate . . It seems to me that in a minority shareholder’s action, properly and reasonably brought and prosecuted, it would normally be right that the company should be ordered to pay the plaintiff’s costs so far as he does not recover them from any other party. In all the instances mentioned the right of the party seeking indemnity to be indemnified must depend on whether he has acted reasonably in bringing or defending the action, as the case may be: see, for example, as regards a trustee, In re Beddoe, Downes v Cottam [1893] 1 Ch 557. It is true that this right of a trustee, as well as that of an agent, has been treated as founded in contract. It would, I think, be difficult to imply a contract of indemnity between a company and one of its members. Nevertheless, where a shareholder has in good faith and on reasonable grounds sued as plaintiff in a minority shareholder’s action, the benefit of which, if successful, will accrue to the company and only indirectly to the plaintiff as a member of the company, and which it would have been reasonable for an independent board of directors to bring in the company’s name, it would, I think, clearly be a proper exercise of judicial discretion to order the company to pay the plaintiff’s costs. This would extend to the plaintiff’s costs down to judgment, if it would have been reasonable for an independent board exercising the standard of care which a prudent business man would exercise in his own affairs to continue the action to judgment. If, however, an independent board exercising that standard of care would have discontinued the action at an earlier stage, it is probable that the plaintiff should only be awarded his costs against the company down to that stage . . There is a well established practice in Chancery for a trustee who has it in mind to bring or defend an action in respect of his trust estate to apply to the court for directions: see In re Beddoe, Downes v Cottam [1893] 1 Ch. 557. If and so far as he is authorised to proceed in the action, the trustee’s right to be indemnified in respect of his costs out of the trust property is secure. If he proceeds without the authority of an order of the court, he does so at his own risk as to costs. It seems to me that a similar practice could well be adopted in a minority shareholder’s action.’
Buckley LJ also discussed the role of a legal adviser in litigation and the nature of a contingency fee, saying: ‘A contingency fee, that is, an arrangement under which the legal advisers of a litigant shall be remunerated only in the event of the litigant succeeding in recovering money or other property in the action, has hitherto always been regarded as illegal under English law on the ground that it involves maintenance of the action by the legal adviser. Moreover where, as is usual in such a case, the remuneration which the adviser is to receive is to be, or to be measured by, a proportion of the fund or of the value of the property recovered, the arrangement may fall within that particular class of maintenance called champerty . . It may, however, be worthwhile to indicate briefly the nature of the public policy question. It can, I think, be summarised in two statements. First, in litigation a professional lawyer’s role is to advise his client with a clear eye and an unbiased judgment. Secondly, a solicitor retained to conduct litigation is not merely the agent and adviser to his client, but also an officer of the court with a duty to the court to ensure that his client’s case, which he must, of course, present and conduct with the utmost care of his client’s interests, is also presented and conducted with scrupulous fairness and integrity. A barrister owes similar obligations. A legal adviser who acquires a personal financial interest in the outcome of the litigation may obviously find himself in a situation in which that interest conflicts with those obligations.’

Buckley LJ, Scarman LJ, Denning LJ
[1975] QB 373, [1975] 1 All ER 849, [1975] 2 WLR 389
England and Wales
Citing:
CitedIn re Beddoe, Downes v Cottam CA 1893
In case of doubt as to the desirability of the intended proceedings (whether as plaintiff or defendant), trustees may apply to the court for directions. This will protect the trustees from adverse costs orders. If given leave to sue or defend by the . .
CitedPittman v Prudential Deposit Bank Ltd CA 1896
The parties had agreed to assign the judgment debt to the solicitor acting.
Held: The agreement was champertous as an assignment of an interest in litigation, and therefore was void, having been made before judgment and even though it had been . .
CitedFoss v Harbottle 25-Mar-1843
Company alone may sue for legal wrong against it.
A bill was lodged by two of the proprietors of shares in a company incorporated by Act of Parliament, on their own and the other shareholders’ behalf. They claimed against three bankrupt directors, a proprietor, solicitor and architect charging them . .
See AlsoWallersteiner v Moir CA 1974
The making of a declaration is a judicial act. A shareholder is entitled to bring a derivative action on behalf of the company when it is controlled by persons alleged to have injured the company who refuse to allow the company to sue. It is an . .

Cited by:
CitedWestdeutsche Landesbank Girozentrale v Islington London Borough Council HL 22-May-1996
Simple interest only on rate swap damages
The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could . .
CitedNorglen Ltd (In Liquidation) v Reeds Rains Prudential Ltd and Others; Circuit Systems Ltd (In Liquidation) and Another v Zuken-Redac HL 1-Dec-1997
An assignment of a cause of action by a company in liquidation was valid, even though the dominant purpose was to avoid having to give security for costs, and to get legal aid. In dismissing the argument that the transactions were a device to defeat . .
CitedCorner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
ConsideredPicton Jones and Co v Arcadia Developments 1989
The plaintiff chartered surveyors agreed to act in the purchase of amusement arcades, on the basis that their fees would be payable ‘in the event of ultimate success.’ The work involved applications for gaming licences and planning permissions. The . .
CitedRoberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
CitedRegina (Factortame Ltd and Others) v Secretary of State for Transport, Local Government and the Regions (No 8) CA 3-Jul-2002
A firm of accountants had agreed to provide their services as experts in a case on the basis that they would be paid by taking part of any damages awarded. The respondent claimed that such an agreement was champertous and unlawful.
Held: The . .
CitedMedia Cat Ltd v Adams and Others PCC 18-Apr-2011
The claimants had begun copyright infringement cases. Having been refused a request to be allowed to withdraw the cases as an abuse, their solicitors now faced an application for a wasted costs order.
Held: The court only has jurisdiction to . .
CitedSibthorpe and Morris v London Borough of Southwark CA 25-Jan-2011
The court was asked as to the extent to which the ancient rule against champerty prevents a solicitor agreeing to indemnify his claimant client against any liability for costs which she may incur against the defendant in the litigation in which the . .
CitedMorris and Another v London Borough of Southwark QBD 5-Feb-2010
The residential tenant claimant sought damages from her council for failure to repair her flat. The counciil now objected to being asked to pay her costs, saying that the agreement with her solicitors was champertous, being a Conditional Fee . .
CitedIesini and Others v Westrip Holdings Ltd and Others ChD 16-Oct-2009
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their . .
CitedSmith v Croft ChD 1986
Walton J was concerned with two appeals from the Master. The first appeal was from an order made ex parte ordering the company to indemnify the claimant against costs. The appeal against that order was allowed, and Walton J decided that there was so . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice, Legal Aid, Company

Leading Case

Updated: 11 November 2021; Ref: scu.194034

Egan And Hackett v Parliament (Access To Documents): ECFI 10 May 2011

Legal aid

Papasavvas P
T-190/10, [2011] EUECJ T-190/10
Bailii
Cited by:
See AlsoEgan And Hackett v Parliament (Access To Documents) ECJ 28-Mar-2012
ECFI Access to documents – Regulation (EC) No 1049/2001 – Registers of assistants to former members of the European Parliament – Refusal of access – Exception relating to the protection of privacy and the . .

Lists of cited by and citing cases may be incomplete.

European, Information, Legal Aid

Updated: 11 November 2021; Ref: scu.452622

Sanjari, Regina (on The Application of) v The Crown Court At Birmingham: Admn 15 Jul 2015

Refusal to allow transfer of legal aid order to different solicitor.

Lord Thomas of Cwmgiedd CJ, Haddon Cave J
[2015] EWHC 2037 (Admin), , [2015] 2 Cr App R 30, [2015] WLR(D) 307
Bailii, WLRD
Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013
England and Wales

Legal Aid, Criminal Practice

Leading Case

Updated: 11 November 2021; Ref: scu.550334

T, Regina (on The Application of) v Legal Aid Agency and Others: Admn 26 Apr 2013

In care proceedings, an order had been made for the preparation of an expert report. The legally aided children applied to the defendant for assistance. It allowed a sum less than the minimum figure set by the expert company as a fee for doing the assessment.
Held: The defendant’s decision to refuse prior approval was quashed. The court acknowledged the changes in the rules, and the need for reasons and justification of the decisions requiring such reports, but ‘ Now that the instruction of experts can only follow if a judge so orders because he or she is satisfied and gives reasons for being satisfied that it is necessary it seems to me that the defendant should only refuse to give prior approval if it has very good reasons so to do. While the judge’s decision is not binding, it must carry very considerable weight. If there is good reason to reject it in whole or in part the defendant should engage with the court. This can I suspect be dealt with in many cases in writing. If the judge, having considered the defendant’s representations, maintains his or her decision it is difficult to see how a continued refusal to give effect to it could be other than unreasonable. ‘

Collins J
[2013] EWHC 960 (Admin)
Bailii
England and Wales
Citing:
CitedDS and Others (Children) FD 31-May-2012
The court gave guidance on legal aid arrangement for the funding of supporting expert evidence in care applications.
Held: The court gave the following guidance: ‘i) The words ‘the cost thereof is deemed to be a necessary and proper . .
CitedRegina (H) v Ashworth Hospital Authority and Others, Regina (Ashworth Hospital Authority) v Mental Health Review Tribunal for West Midlands and North West Region and Others CA 28-Jun-2002
The patient was detained under the Act. The Mental Health Tribunal decided he should be released. The hospital disagreed. The patient continued to reside to the Hospital voluntarily, but the hospital viewed the decision to release him as . .

Lists of cited by and citing cases may be incomplete.

Legal Aid

Updated: 11 November 2021; Ref: scu.473001

Floyd and Another v Legal Services Commission: QBD 28 Apr 2010

floyd_lsc10

The claimant had succeeded in an action against her legally aided opponent, but then delayed in making her claim for costs against the respondent. The costs judge said that the CPR did not apply, and that he had no discretion to extend the time limit. The claimant said that a costs judge could extend the time for making the request usung the CPR.
Held: The claim failed. CPR and the Practice Direction have no relevance to the correct construction of the 2000 Regulations. The judge was given no discretion under the rules, and no good reason had been put forward to explain the delay.

Cox J DBE
[2010] EWHC 906 (QB)
Bailii
Community Legal Service (Costs Protection) Regulations 2000 5(3)(c), Civil Procedure Rules 44.17
Citing:
CitedIn Re C (Legal Aid: Preparation of Bill of Costs) CA 2001
The appellant argued that the Costs Practice Direction, supplementing Parts 43-48 of the CPR, had the same force in law as the Legal Aid in Family Proceedings (Remuneration) Regulations 1991; and that they impliedly amended or repealed them in so . .
CitedRegina (Gunn) v Secretary of State for the Home Department Regina (Kelly) v Same Regina (Zahid Khan) v Same CA 14-Jun-2001
The new Regulations and court rules expressly reserved to a costs judge the decision about whether a costs order should be made against the Legal Services Commission. The former practice of the trial judge making this decision must no longer apply. . .
CitedSayers v Clarke Walker (A Firm) CA 10-Jul-2002
. .
CitedGodwin v Swindon Borough Council CA 10-Oct-2001
The claimant appealed against an order striking out his claim for personal injuries. The claim had been issued in time, but not served. An extension of time was granted, and the notice sent by first class post the day before that period expired. The . .
CitedD and D W v Portsmouth Hospital NHS; in re W (A Child) CA 3-May-2006
The claimants had sought court orders against the hospital to secure continuing life-supporting treatment for their daughter who had been born very severely disabled. The Trust now sought their costs from the various actions.
Held: The parents . .

Lists of cited by and citing cases may be incomplete.

Costs, Legal Aid

Updated: 10 November 2021; Ref: scu.408682

Letts, Regina (on The Application of) v The Lord Chancellor and Another: Admn 20 Feb 2015

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 respondent’s guidance misrepresented the position in law: ‘the essential thrust of the Guidance conveys to the typical caseworker that in every case where legal aid was sought the caseworker had to make an assessment (leading to a decision) of whether the state was arguably in breach of the underlying substantive obligation (whichever one it was) and that only if the conclusion was that there was such an arguable breach would the caseworker then proceed to decide whether on the facts of the case there was a need to give the next-of-kin legal aid. The Guidance, albeit that it is drafted at a high level, nonetheless purports to set out an accurate general description of the law. But in the absence of a clear recognition that there is a category of case where the investigative duty arises quite irrespective of the existence of arguable breach by the state the Guidance is materially misleading and inaccurate.’

Green J
[2015] EWHC 402 (Admin)
Bailii
European Convention on Human Rights 2, Legal Aid, Sentencing and Punishment of Offenders Act 2012 4 10
England and Wales
Citing:
CitedSmith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
CitedKhan, Regina (on the Application of) v Secretary of State for Health CA 10-Oct-2003
The claimant’s child had died as a result of negligence in hospital. The parents had been told the result of police investigation and decision not to prosecute, and the hospital’s own investigation, but had not been sufficiently involved. There . .
CitedStephen Jordan (No 2) v The United Kingdom ECHR 10-Dec-2002
jordan_uk2ECHR2002
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was . .
CitedMiddleton, Regina (on the Application of) v Coroner for the Western District of Somerset HL 11-Mar-2004
The deceased had committed suicide in prison. His family felt that the risk should have been known to the prison authorities, and that they had failed to guard against that risk. The coroner had requested an explanatory note from the jury.
CitedGentle, Regina (on the Application of) and Another v The Prime Minister and Another HL 9-Apr-2008
The appellants were mothers of two servicemen who had died whilst on active service in Iraq. They appealed refusal to grant a public inquiry. There had already been coroners inquests. They said that Article 2 had been infringed.
Held: The . .
CitedLegal Services Commission v Humberstone, Regina (On The Application of) CA 21-Dec-2010
Appeal against successful judicial review of refusal of legal aid for mother of deceased at inquest.
Held: ‘article 2 will be engaged in the much narrower range of cases where there is at least an arguable case that the state has been in . .

Lists of cited by and citing cases may be incomplete.

Legal Aid, Coroners, Human Rights

Updated: 02 November 2021; Ref: scu.543091

The Howard League for Penal Reform and Another, Regina (on The Application of) v The Lord Chancellor: Admn 17 Mar 2014

The court heard applications for permission to apply for judicial review of the changes to criminal legal aid for prison law introduced by the 2013 Regulations 2013. The two claims concerned separate but related issues: first, that there was not sufficient consultation in relation to aspects of the changes and secondly, that the removal from the scope of criminal legal aid funding of certain areas creates unacceptable risks of unfair decision making where fundamental rights are at stake and of interference with the common law and article 6 ECHR right of access to justice. The removal from scope is also discriminatory, irrational in a public law sense and will undermine the rule of law.

Rafferty LJ, Cranston J
[2014] EWHC 709 (Admin)
Bailii
Criminal Legal Aid (General) (Amendment) Regulations 2013 SI 2013 No 2790
England and Wales

Legal Aid

Updated: 02 November 2021; Ref: scu.522546

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 of the costs was revoked. But for the various Regulations, there was no power to recover costs from the LSC. The purported notice given by the Council was out of time and did not meet th enecessary requirements. The Order for payment obtained by the Council from the court ‘ was obtained as a result of a without notice application which did not contain full and frank disclosure by the Council of the dispute between the Council and the LSC. ‘

Behrens J
[2011] EWHC 849 (QB)
Bailii
Access to Justice Act 1999 11, Community Legal Service (Costs Protection) Regulations 2000 5, Community Legal Service (Costs) Regulations 2000 9
England and Wales
Citing:
CitedRegina (Gunn) v Secretary of State for the Home Department Regina (Kelly) v Same Regina (Zahid Khan) v Same CA 14-Jun-2001
The new Regulations and court rules expressly reserved to a costs judge the decision about whether a costs order should be made against the Legal Services Commission. The former practice of the trial judge making this decision must no longer apply. . .

Lists of cited by and citing cases may be incomplete.

Legal Aid, Costs

Updated: 02 November 2021; Ref: scu.431737

McLean and Another v Buchanan, Procurator Fiscal and Another: PC 24 May 2001

(Appeal from High Court of Justiciary (Scotland)) It was not an infringement of a defendant’s right to a fair trial where the costs of defending the case brought against him would be substantial, but where his solicitors would be paid only a small fixed fee sum. In this case the defendants had the benefit of solicitors and counsel continuing to act for them, despite any such difficulty. The difficulty of conflict of interest in a solicitor under financial pressure to deal with a case simply was to be controlled by the professional standards governing his activities. Where however, because of the regulations, no representation could be found, the defendant’s right to a fair trial might be prejudiced, and some solution had to be found.
Lord Nicholls of Birkenhead agreed with Lord Hope: ‘1. As Lord Hope has indicated, there are respects in which these solicitors, remunerated in accordance with the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999, (SI 1999 No 491) will not receive reasonable remuneration for the work done by them in this case. This cannot be regarded as a satisfactory state of affairs. But this does not, of itself, afford a sufficient ground for supposing that, if the solicitors continue to act, they may fail properly to discharge their professional responsibilities towards their clients.
2. Different considerations would arise if the solicitors were to withdraw, and the appellants were unable to find replacement solicitors because of the inflexibility of the 1999 fixed payment regulations. But at present this is no more than a speculative possibility. I will therefore say nothing further about the position which might then arise, especially as the Convention Rights (Compliance) (Scotland) Bill is currently before the Scottish Parliament.’
Lord Hope said: ‘I share the concerns which my noble and learned friends Lord Clyde and Lord Hobhouse have expressed about the potential for injustice which is inherent in the fixed payment regime. A scheme which provides for various items of work and the associated outlays to be paid for in stages, for each of which a prescribed amount will be paid as a fixed fee, will not necessarily be incompatible with the Convention right to a fair trial. But the greater the inflexibility the greater is the risk that occasionally, especially in exceptional or unusual cases, the scheme will lead to injustice.’
Lord Clyde stated: ‘But I do not consider that it would be right to leave the case without making some observations on the present form of the regulations. While I have not been persuaded that they have caused, or on the present information are likely to cause, a contravention of Article 6 in the present case, it seems to me that there is a real likelihood that in another case a serious risk of a contravention may arise. If the result of the regulations is that no legal representative is available for an accused in a case where the Convention requires that he should be represented, then a breach will occur. This does not seem to me to be a fanciful possibility. We were informed that cases have occurred where as a result of the regulations no solicitor has been found to act for an accused person. The case of Glendinning in Perth Sheriff Court (February 2001) was quoted to us as an example.
. . I see nothing wrong in principle in a scheme which proceeds upon a basis of fixed sums for specified work. Moreover, in so far as the approach adopted recognises that different cases will require different amounts of work, and that different cases will have different degrees of profitability, the policy of adopting a basis of a fixed sum may not in itself be unreasonable if in its general operation the solicitors engaged in the work covered by the regulations, taking as it were the rough with the smooth, will find the amounts acceptable. And it is right to recognise that the scheme is not altogether rigid. In a rough and ready way account is taken of the extra costs involved in a long trial, reflecting the extra work involved. Moreover the outlays covered by the fixed sums are only the ‘prescribed outlays’ and that phrase may be open to construction so as to allow for outlays, but not fees, which fall outside the scope of the definition. In that connection it is to be remembered that in deciding whether or not the regulations comply with the Convention every effort of construction has to be made in order to avoid such a contravention. Section 3 of the Human Rights Act 1998 requires subordinate legislation to be construed in a way compatible with the Convention ‘[S]o far as it is possible to do so’. That approach may go some way to avoid a contravention, but if it is found to be impossible to find a compliance by any technique of interpretation, the consequence may be an invalidity in the regulations.
It appears that the danger has been recognised by the Scottish Executive, in that some provision for a remedy has been incorporated in the current Convention Rights (Compliance) (Scotland) Bill. This allows for the making of regulations to prevent a person being deprived of the right to a fair trial. No draft regulations were shown to us and it remains unclear what solution is to be devised. The most obvious, but perhaps not the only, risk may arise from the lack of flexibility in the present regulations. No allowance is made for any unusual or exceptional circumstances. The requirements of fairness in judicial proceedings are rarely, if ever, met by blanket measures of universal application. Universal policies which make no allowance for exceptional cases will not readily meet the standards required for fairness and justice.’
Lord Hobhouse said: ‘There is much to be said for schemes of legal aid which reduce the bureaucracy involved provided that they do not undermine the principle that the lawyer should receive fair remuneration for the work which he is required to do.
. . ‘As has been pointed out, the critical defect in the 1999 Regulations is their inflexibility. A more sophisticated code for predefined fixed payments might avoid the pitfalls but the First Schedule to the 1999 Regulations is anything but sophisticated. If the 1999 Regulations are to be retained as the structure, they need to be amended to incorporate an element of flexibility to give the Legal Aid Board the power to avoid breaches of Article 6 of the Convention. This is apparently also the view of the Scottish Executive. It has introduced into the Scottish Parliament the Convention Rights (Compliance) (Scotland) Bill to amend certain enactments, including those relating to legal advice and assistance and legal aid, which are or may be incompatible with the convention and to enable further changes in the law where there is or may be incompatibility. Clause 8 of the Bill would amend the 1986 Act, with retrospective effect, so as to enable the fixed payment regime to be amended so as to avoid accused persons being ‘deprived of the right to a fair trial’. This is a welcome development even though the proposed revised regulations have not yet been published even in draft.’

Lord Hope of Craighead, Lord Nicholls of Birkenhead, Lord Clyde, Lord Hobhouse
Gazette 12-Jul-2001, [2001] 1 WLR 2425, [2001] UKPC D3, 2001 GWD 19-720, 2001 SCCR 475, 2001 SLT 780, 2002 SC (PC) 1, [2001] UKHRR 793
PC, PC, Bailii
Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999, European Convention on Human Rights 6
Scotland
Cited by:
CitedRegina v Moore CACD 12-May-2003
The applicant had been convicted of contempt of court, but succeeded on appeal. Costs had been ordered in his favour, but the matter had been referred back to the court to consider the extent of its powers on such an occasion.
Held: The making . .
CitedMakudi v Baron Triesman of Tottenham In London Borough of Haringey QBD 1-Feb-2013
makudi_triesmanQBD2013
The claimant, former chairman of the Thailand Football Association, claimed in defamation against the defendant who had been chairman of the English Football Association. The defendant asked the court to strike out the claim, saying that some of the . .
CitedP, Regina v Misc 18-Mar-2008
Crown Court at Harrow – The Court stayed the criminal proceedings because the defendant was unable to retain counsel because of what was said to be a failure to provide adequate legal aid fees in criminal confiscation proceedings. . .
CitedIn 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.

Legal Aid, Legal Professions, Human Rights

Leading Case

Updated: 02 November 2021; Ref: scu.83563

Webb v Macdonald and Another: ChD 29 Jan 2010

Defendant barrister and solicitors applied to have the claims against them for professional negligence struck out. They had advised on a settlement of a dispute, which settlement the claimant now said was negligently wrong.
Held: The advice given that the claimant’s argument would fail was correct. Nor did the claimant have any real prospect of establishing that the advice on the figures was negligent. The defendants had advised that unless the settlement proposed was accepted, Legal Aid would be withdrawn. In effect the claimant was arguing that his lawyers failed to circumvent the regulations. Summary judgment was granted against the claimant.

Vos J
[2010] EWHC 93 (Ch), [2010] BPIR 503, [2010] NPC 12
Bailii
Civil Legal Aid (General) Regulations 1989
England and Wales
Citing:
CitedE D and F Man Liquid Products Ltd v Patel and Another CA 4-Apr-2003
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success.
Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of . .
CitedMoy v Pettman Smith (a firm) and another HL 3-Feb-2005
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the . .
CitedKarpenko v Paroian, Courey, Cohen and Houston 1981
(Ontario High Court) Andersen J said: ‘What is relevant and material to the public interest is that an industrious and competent practitioner should not be unduly inhibited in making a decision to settle a case by the apprehension that some Judge, . .
CitedKhan v Mortgage Express 2000
Secured creditors who had proved in respect of the expected shortfall over the value of their security, were not prevented from realising their security over and above its expected value. . .
CitedHousehold Mortgage Corporation plc v Whitehead and Another CA 14-Nov-2002
The mortgage lender had proved in the voluntary arrangement as an unsecured creditor. It had valued the security as less than the debt, and accepted a dividend on the portion remaining unsecured. It now sought to enforce the security. It was argued . .
CitedEquitable Life Assurance Society v Ernst and Young CA 25-Jul-2003
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when . .
CitedHanning v Maitland (No 2) CA 1970
Edmund Davies LJ rejected ‘serious impoverishment’ as a description of the test for severe financial hardship in the context of a Legal Aid: ‘the statute does not make impoverishment a prerequisite to the granting of relief to the unassisted . .

Lists of cited by and citing cases may be incomplete.

Professional Negligence, Legal Aid

Updated: 01 November 2021; Ref: scu.396454

Bhatia Best Ltd v Lord Chancellor: QBD 17 Mar 2014

The court was asked whether, under its contract with the Lord Chancellor, a firm of solicitors, is entitled to receive civil legal aid funding for its work while acting for clients in appeals against homelessness decisions under section 204 of the 1996 Act.

Silber J
[2014] EWHC 746 (QB)
Bailii
Housing Act 1996 204
England and Wales

Legal Aid

Updated: 01 November 2021; Ref: scu.522539

Faulkner, Regina (on The Application of) v Director of Legal Aid Casework: Admn 8 Mar 2016

Claim in judicial review proceedings concerning a sum of andpound;6,500. This sum of andpound;6,500 was awarded to him in damages for unlawful State detention in contravention of Article 5 of the European Convention on Human Rights by the Supreme Court on 1 May 2013. The question that falls for decision is whether Mr Faulkner should receive that sum of andpound;6,500 intact or whether it should be subjected to the Legal Aid Statutory Charge which would result in him receiving nothing.

Mostyn J
[2016] EWHC 717 (Admin)
Bailii
England and Wales

Damages, Legal Aid

Updated: 01 November 2021; Ref: scu.562889

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 the appellant school the protection on costs provided for in the 1999 Act.
Held: (Majority) It was essential that there should be representation for both sides before the Court. The case would raise issues of considerable public importance, and it was in the public interest that both sides of the argument should be properly presented. The result of the Commission’s position would be that a legally aided person could not be promised protection against personal liability for costs even if successful at all stages and took no part in an appeal.
The LSC must re-instate the legal assistance and pay the costs of the hearing.
‘It should be understood, as a principle of general application, that if the Legal Services Commission decide to fund a litigant whether by way of claim or a defence who is successful in his cause, that decision must ordinarily be seen to carry with it something close to an assurance that the Commission will continue to support him in any subsequent appeal by the unsuccessful party whilst he remains financially eligible. This will particularly be so where (a) the withdrawal of support would expose the publicly funded litigant to a substantial risk for future costs, (b) he retains a significant interest, quite apart from his interest in resisting any future costs liability, in maintaining his success in the litigation and (c) the issues raised on the appeal are of general public importance which it is in the public interest to resolve and his case on these issues is unlikely to be properly argued unless he continues to be funded by the Legal Services Commission.’

Lord Hope of Craighead, Deputy President, Baroness Hale of Richmond and Lord Brown of Eaton-under-Heywood
[2009] UKSC 1, Times 17-Oct-2009, [2010] 1 All ER 1, [2009] 1 WLR 2353, [2010] 2 AC 728
Bailii, SC
Access to Justice Act 1999 7, Community Legal Service (Cost Protection) Regulations 2000 (SI 2000/824) 5
England and Wales
Citing:
At First InstanceE v The Governing Body of JFS and Another Admn 3-Jul-2008
The court considered the impact of secular discrimination policy on admissions policies of religious schools.
Held: A school admissions policy which gave priority to children of their designated faith did not discriminate unlawfully either . .
At CAE, Regina (On the Application of) v The Governing Body of JFS and Another CA 25-Jun-2009
E challenged the admissions policy of a school which admitted by preference children acknowledged to be Jewish by the Office of their Rabbi. His mother being Jewish by conversion in a progressive synagogue, E was excluded. The claimant suggested . .
Appeal fromE, Regina (On the Application of) v Governing Body Of JFS and Another CA 10-Jul-2009
. .
CitedBoxall v Waltham Forest Borough Council 2001
The fact that the claimants were legally aided was immaterial when deciding what, if any, costs order to make between the parties in a case where they were successful and he declined to order that each side should bear its own costs. The court . .
CitedWeaver v London Quadrant Housing Trust CA 17-Feb-2009
The respondent sought leave to appeal against a finding that as a registered social landlord it was exercising a public function and was a hybrid public authority.
Held: Leave was granted. A protective costs order was made for the respondent . .
CitedCorner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
CitedE v The Governing Body of JFS and Another Admn 16-Jul-2008
Application for leave to appeal. . .

Cited by:
See alsoE, Regina (on The Application of) v Governing Body of JFS and Another SC 16-Dec-2009
E complained that his exclusion from admission to the school had been racially discriminatory. The school applied an Orthodox Jewish religious test which did not count him as Jewish because of his family history.
Held: The school’s appeal . .

Lists of cited by and citing cases may be incomplete.

Legal Aid, Costs

Updated: 01 November 2021; Ref: scu.376164

Steel and Morris v United Kingdom: ECHR 15 Feb 2005

The applicants had been sued in defamation by McDonalds. They had no resources, and English law precluded legal aid for such cases. The trial was the longest in English legal history. They complained that the non-availablility of legal aid infringed their right to a fair trial.
Held: There had been an unacceptable inequality of arms. The Convention was intended to guarantee effective rights. The question was to be determined in the context of each trial, including am assessment of the importance of the case to the party. The denial of legal aid in this case had deprived the applicants of the opportunity to present their case effectively, and resulted in an unacceptable inequality of arms. The fact that the applicants were not journalists did not diminish their rights to freedom of expression. However the allegations they had made were serious, and they were not to be excused by prior publication elsewhere. The fact that the claimant was a large multi-national did not mean it should be deprived of its freedom to defend its reputation, but if a state gave such a company that right it had a duty to safeguard the freedom of expression and open debate by ensuring equality of arms. The failure in this case led to a procedural unfairness and an infringement of article 10. There was also a duty to ensure that the damages awarded were proportionate to the injury to reputation suffered.
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of Art. 10; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.

Times 16-Feb-2005, 68416/01, [2005] ECHR 103, (2005) 41 EHRR 403, [2011] ECHR 2272
Worldlii, Bailii, Bailii
European Convention on Human Rights 6.1 10
Human Rights
Citing:
CitedDe Haes and Gijsels v Belgium ECHR 24-Feb-1997
The court emphasised that the press plays an essential role in a democratic society. The court trenchantly observed ‘It is incumbent on the press to impart information and ideas of public interest. Not only does the press have the task of imparting . .
CitedAirey v Ireland ECHR 9-Oct-1979
Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance . .
CitedThorgeir Thorgeirson v Iceland ECHR 25-Jun-1992
Two newspaper articles reported widespread rumours of brutality by the Reykjavik police. These rumours had some substantiation in fact, a policeman had been convicted recently. The purpose of the articles was to promote an investigation by an . .
CitedFeldek v Slovakia ECHR 10-Mar-2011
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; No separate issue under Art. 9; No violation of Art. 14; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and . .
CitedLingens v Austria ECHR 8-Jul-1986
Freedom of expression, as secured in paragraph 1 of Article 10, constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2, . .
CitedTolstoy Miloslavsky v United Kingdom ECHR 19-Jul-1995
The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case.
Held: It followed from established case law that article 6(1) did not . .
See AlsoSteel and Others v The United Kingdom ECHR 23-Sep-1998
The several applicants had been arrested in different circumstances and each charged with breach of the peace contrary to common law. Under the Magistrates’ Court Act 1980, the court can bind over a Defendant to keep the peace, if the Defendant . .

Cited by:
CitedCampbell 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 . .
CitedJameel v Wall Street Journal Europe Sprl HL 11-Oct-2006
The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an . .
CitedFinancial Times Ltd and Others v The United Kingdom ECHR 15-Dec-2009
The claimants said that an order that they deliver up documents leaked to them regarding a possible takeover violated their right to freedom of expression. They complained that such disclosure might lead to the identification of journalistic . .
CitedMGN 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 . .
CitedRobins v Kordowski and Another QBD 22-Jul-2011
robins_kordQBD11
The claimant solicitor said he had been defamed on the first defendant’s website (‘Solicitors from Hell’) by the second defendant. The first defendant now applied to set aside judgment entered by default. The claimant additionally sought summary . .
CitedTurley v Unite The Union and Another QBD 19-Dec-2019
Defamation of Labour MP by Unite and Blogger
The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the . .

Lists of cited by and citing cases may be incomplete.

Human Rights, Legal Aid, Defamation

Leading Case

Updated: 01 November 2021; Ref: scu.222839

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 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 need for legal assistance, but without the means to pay for it, on the grounds that they lack a sufficiently close connection with the country to whose laws they are subject.’
Held: The Regulations were invalid: ‘a residence test cannot be justified in relation to the enforcement of domestic law or the protection afforded by domestic law, which is applicable to all equally, provided they are within its jurisdiction. In the context of a discriminatory provision relating to legal assistance, invoking public confidence amounts to little more than reliance on public prejudice. ‘
Held: The Regulations were or would be (i) ultra vires, ie outside the scope of the power granted to the Lord Chancellor in LASPO to bring forward delegated legislation, and (ii) unjustifiably discriminatory in its effect.

Moses LJ, Collins, Jay JJ
[2014] EWHC 2365 (Admin), [2014] HRLR 24, [2015] 2 All ER 689, [2014] WLR(D) 316, [2014] ELR 372, [2015] 1 WLR 251
Bailii, WLRD, Bailii Summary
Legal Aid, Sentencing and Punishment of Offenders Act 2012, Human Rights Act 1998, LASPO Act 2012 (Amendment of Schedule 1) Order 2014, European Convention on Human Rights 6
England and Wales
Cited by:
At AdmnPublic Law Project v The Lord Chancellor and Another CA 25-Nov-2015
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 . .
At AdmnThe Public Law Project, Regina (on The Application of) v Lord Chancellor SC 13-Jul-2016
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 . .

Lists of cited by and citing cases may be incomplete.

Legal Aid

Updated: 01 November 2021; Ref: scu.534302

Sandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs: SC 16 Jul 2014

The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human Rights under article 6(2) and under common law.
Held: The appeal failed. The applicant was not within the jurisdiction of the court so as to create any human rights jurisdiction: ‘If one asks, by reference to any common-sense formulation, under whose authority or control she is, the answer is: that of the Indonesian authorities. It is they who ought to be ensuring her fair trial.’
As to the common law claim: ‘A common law power is a mere power. It does not confer a discretion in the same sense that a statutory power confers a discretion. A statutory discretionary power carries with it a duty to exercise the discretion one way or the other and in doing so to take account of all relevant matters having regard to its scope. Ministers have common law powers to do many things, and if they choose to exercise such a power they must do so in accordance with ordinary public law principles, ie fairly, rationally and on a correct appreciation of the law. But there is no duty to exercise the power at all. There is no identifiable class of potential beneficiaries of the common law powers of the Crown in general, other than the public at large.’
. . And ‘neither the practice nor the public statements of the Foreign Office can be said to give rise to a legitimate expectation that the legal fees of British subjects in difficulty abroad will be paid. On the contrary, it has been clear for some years that the policy of the Secretary of State is not to pay them. The result is that there is no basis for any criticism of the self-imposed limitations of the Secretary of State’s policy, other than the fact that he could have made it broader had he wished to. The limitations are certainly not irrational.’
Although the court could not enter into forbidden areas such as foreign policy, decisions or inaction could be reviewed if they were irrational.

Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Toulson
[2014] UKSC 44, [2014] 1 WLR 2697, [2014] WLR(D) 315, [2014] 4 All ER 843, UKSC 2013/0170
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary video
European Convention on Human Rights 1 6(2)
England and Wales
Citing:
At AdminSandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 4-Feb-2013
The claimant was facing trial in Bali which would eventually lead to a sentence of death. She complained of inadequate legal assistance before and at the trial. She had been represented by a local lawyer, paid with funds (andpound;5,000) raised by . .
Appeal fromSandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 22-May-2013
The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for hr appeal, and now . .
CitedAl-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
CitedBankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
CitedSmith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
CitedSoering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
CitedX v United Kingdom ECHR 15-Dec-1977
(Commission) The British court had ordered a Jordanian father to return his daughter to England. The English mother contacted the British consulate in Amman asking it to ‘obtain the custody of her daughter from the Jordanian Court’. The Consulate . .
MentionedCouncil of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
CitedRegina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
CitedBritish Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
CitedRegina v Foreign Secretary ex parte Everett CA 20-Oct-1988
A decision taken under the royal prerogative whether or not to issue a passport was subject to judicial review, although relief was refused on the facts of the particular case.
Taylor LJ summarised the effect of the GCHQ case as making clear . .
CitedRegina v Secretary of State for the Home Department ex parte Bentley Admn 7-Jul-1993
The claimant campaigned to correct what she said was a miscarriage of justice in the prosecution and conviction of her brother Derek Bently for murder. He had been hanged, and she challenged the refusal of a posthumous free pardon.
Held: A . .
CitedRegina v Secretary of State for Foreign Affairs ex parte Ferhut Butt Admn 1-Jul-1999
Lightman J said: ‘The general rule is well established that the courts should not interfere in the conduct of foreign relations by the Executive, most particularly where such interference is likely to have foreign policy repercussions . . This . .
CitedSecretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
CitedRegina v Secretary of State for the Home Department ex parte Bugdaycay HL 19-Feb-1986
Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without . .
CitedRegina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson HL 12-Jun-1997
A sentence of detention during her majesty’s pleasure when imposed on a youth was not the same as a sentence of life imprisonment, and the Home Secretary was wrong to treat it on the same basis and to make allowance for expressions of public . .
CitedKennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
CitedRex v Port of London Authority Ex parte Kynoch Ltd CA 1919
Bankes LJ said: ‘There are on the one hand cases where a tribunal in the honest exercise of its discretion has adopted a policy, and, without refusing to hear an applicant, intimates to him what its policy is, and that after hearing him it will in . .
ApprovedRegina (on the application of Abassi and Another) v Secretary of State for Foreign and Commonwealth Affairs and Another CA 6-Nov-2002
A British national had been captured in Afghanistan, and was being held without remedy by US forces. His family sought an order requiring the respondent to take greater steps to secure his release or provide other assistance.
Held: Such an . .

Cited by:
CitedYoussef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
CitedMiller, Regina (On the Application Of) v The Prime Minister QBD 11-Sep-2019
Prorogation request was non-justiciable
The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent.
Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable . .
CitedCherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .

Lists of cited by and citing cases may be incomplete.

Legal Aid, Human Rights, Administrative

Leading Case

Updated: 01 November 2021; Ref: scu.534406

Ben Hoare Bell Solicitors and Others, Regina (on The Application of) v The Lord Chancellor: Admn 3 Mar 2015

The claimants challenged the legality of an amendment to the legal aid scheme made by the Civil Legal Aid (Remuneration) (Amendment)(No 3) Regulations 2014 SI 2014 No 607. The question is the legality of the introduction by the Remuneration Amendment Regulations of what can broadly be described as a ‘no permission, no fee’ arrangement for making a legally aided application for judicial review. There is also no entitlement to payment where permission has neither been granted nor refused, for example where the claim has been settled or withdrawn, but in such cases the amendment gives the Lord Chancellor power to pay the costs of making the application where he considers that it is reasonable to do so.
Held: In relation to incompatibility with statutory purpose, the scope of regulation 5A extends beyond the circumstances which can be seen as rationally connected to the stated purpose given for its introduction. To that extent it is inconsistent with the purposes of the scheme in LASPO, and this application succeeds.

Beatson LJ, Ouseley J
[2015] EWHC 523 (Admin)
Bailii
Civil Legal Aid (Remuneration) (Amendment)(No 3) Regulations 2014
England and Wales

Legal Aid, News

Updated: 01 November 2021; Ref: scu.543780

In re D (a Child): FD 31 Oct 2014

The two parents sought to challenge a decision that their child should be taken into care. Each parent had learning difficulties, but their income though small precluded the grant of legal aid. They wished to appeal against final care orders, but such cases did not come within the exemptions.
Held: Sir James Munby spoke of the severe inequity and consequences of the withdrawal of legal aid: ‘The father has a learning disability. He is a ‘protected party’ within the meaning of Rule 2.3 of the Family Procedure Rules 2010. As a matter of law he is not able, as a protected party, to act without a litigation friend. Quite apart from that, the father’s learning disability in any event requires him to have considerable support and assistance to be able to participate effectively in the proceedings. The Official Solicitor has agreed to act as his litigation friend. The Official Solicitor cannot be compelled to act as anyone’s litigation friend. His practice is to agree to act only if there is funding for the protected party’s litigation costs, because his own budget – the monies voted to him by Parliament – is not sufficient to enable him to fund the costs of litigation of the type the father is involved in. The Official Solicitor was willing to act here only because the father’s solicitor and counsel have agreed to act, thus far, pro bono. But without the protection against an adverse costs order which the father (and derivatively the Official Solicitor) would enjoy if the father had legal aid, the Official Solicitor has a possible exposure to an adverse costs order – for instance, if the local authority was to obtain an order for costs against him – which, understandably, he is unwilling to assume. The consequence is that the Official Solicitor was not willing to act as the father’s litigation friend unless Ms Stevens agreed, as she has, to indemnify him against any adverse costs orders. And as if all this was not enough – indeed, far more than enough – I am told that Ms Stevens has spent in excess of 100 hours, all unremunerated, working to resolve, thus far without success, the issue of the father’s entitlement to legal aid. This is devotion to the client far above and far beyond the call of duty.’

Sir James Munby P
SN14C00004
Judiciary
Civil Legal Aid (Financial Resources and Pa
yment for Services) Regulations 2013
, Civil Legal Aid (Merits Criteria) Regulations 2013
England and Wales
Citing:
CitedIn re X (A Child) (Surrogacy: Time Limit) FD 3-Oct-2014
Extension of Time for Parental Order
The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the . .
CitedA Father v SBC and Others CCF 23-May-2014
. .

Lists of cited by and citing cases may be incomplete.

Children, News, Legal Aid, Legal Professions

Updated: 01 November 2021; Ref: scu.538294

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 was open to abuse because of the danger of parties agreeing and setting fees they would not be called upon to pay, and it needed the control of the courts. The Court of Appeal will hear many more cases than the House, and that Court’s judgements and experience in this field should be respected. The House of Lords was not the best place to decide these issues. This was a very low risk case. Should after the event insurance be taken out before it was known whether the case was to be resisted?
Subject to reasonableness, success fees and ATE premiums were recoverable. The idea behind the Act was to transfer the burden of unsuccessful cases to the insurers, and thus in turn to the general public. Questions of what would provide a reasonable rate of return for solicitors are not ones for costs judges. Appeal dismissed.

Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Hoffmann Lord Hope of Craighead Lord Scott of Foscote
Times 02-Jul-2002, [2002] UKHL 28, [2002] 1 WLR 2000, [2002] PIQR P32, [2002] 3 All ER 417, [2003] RTR 4, [2003] Lloyds Rep IR 203, [2002] 2 Costs LR 205
House of Lords, Bailii
Access to Justice Act 1999
England and Wales
Citing:
Appeal fromCallery v Gray (No 2) CA 31-Jul-2001
A plaintiff could recover the costs of insuring himself against the risk of having to pay the other sides costs, and finding his own costs irrecoverable (after the event or ATE insurance). The earlier case had decided that such premiums may be . .
Appeal fromCallery 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. . .
CitedBirkett v James HL 1977
Exercise of Power to Strike Out
The court has an inherent power to strike out an action for want of prosecution, and the House set down the conditions for its exercise. The power is discretionary and exercisable only where (a) there has been inordinate and inexcusable delay and . .
CitedThai Trading (a Firm) v Taylor and Taylor (of Taylors Solicitors, Caversham) CA 27-Feb-1998
A solicitor had agreed with his wife to act for her in litigation on the understanding that he would only recover his profit costs if she succeeded.
Held: This agreement did not offend public policy. This type of agreement was distinguished . .
CitedGirvan v Inverness Farmers Dairy and Another HL 13-Nov-1997
(Scotland) A second re-trial in order to obtain a jury assessment of damages more in line with that assessed by judges would be wrong. Lord Clyde: ‘In a system in which damages may be assessed in different cases either by a jury or by a judge it is . .
CitedGomba Holdings (UK) Ltd v Minories Finance Ltd (No 2) CA 1993
A clause entitling a mortgagee to recover legal costs from the mortgagor did not extend to costs that were unreasonably incurred or which were unreasonable in amount. Whether costs were unreasonably incurred or were unreasonable in amount was to be . .

Cited by:
CitedHollins v Russell etc CA 22-May-2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement.
Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the . .
CitedBowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
CitedAlfa Begum v Supin Klarit CA 15-Feb-2005
The court ordered the reduction of the success fees agreed between the claimant and her solicitors from 100% to 15%. The case was nearly a stone cold certainty. . .
CitedKris 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. . .
CitedKololo v Commissioner of Police for The Metropolis QBD 9-Mar-2015
The claimant sought disclosure of information under the 1998 Act. The defendant said that the application was an abuse of process and an attempt to circumvent the 2003 Act. The claimant had been convicted of involvement in kidnapping and murder in . .
CitedMcGraddie v McGraddie and Another (Scotland : Costs) SC 28-Jan-2015
The parties, father and son had fallen out. The father said that a property purhased by the son with money provided by the father, was held in trust for the father. The Court had rejected the argument of the son that this had been a gift. The . .
CitedTimes 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. . .
CitedCoventry and Others v Lawrence and Another SC 22-Jul-2015
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been . .

Lists of cited by and citing cases may be incomplete.

Costs, Personal Injury, Legal Aid

Leading Case

Updated: 31 October 2021; Ref: scu.174121

McGraddie v McGraddie and Another (Scotland : Costs): SC 28 Jan 2015

The parties, father and son had fallen out. The father said that a property purhased by the son with money provided by the father, was held in trust for the father. The Court had rejected the argument of the son that this had been a gift. The parties now disputed the costs. The defender son having been assisted under legal aid, the father sought an order that the costs should be paid by the Scottish Legal Aid Board. The Board objected that the pursuer had taken out after the event legal costs insurance.
Held: While it does not ineluctably follow that an ATE premium should not be recoverable as part of the costs, it would be somewhat surprising if wholly different considerations applied to the recoverability of ATE and BTE premiums. The ATE premium was a sum incurred by the pursuer to enable or assist him to conduct the cause, to protect him against any potential liability for expenses as a result of conducting the cause, but it was not, as a matter of ordinary language, a sum incurred ‘for conducting the cause’.

Lord Neuberger, President, Lady Hale, Deputy President, Lord Reed
[2015] UKSC 1, 2015 SC (UKSC) 45, 2015 GWD 4-83, 2015 SLT 69, [2015] WLR(D) 36, [2015] 3 All ER 61, [2015] 2 Costs LO 235, [2015] 1 WLR 560
Bailii, Bailii Summary, WLRD
Scotland
Citing:
See AlsoMcGraddie v McGraddie and Another SCS 13-Mar-2012
The defender appealed against rejection of his assertion that monies paid to him by his father was by way of gift.
Held: His appeal succeeded. The Lord Ordinary’s conclusions were ‘plainly wrong’ when he stated that he did not find any of the . .
CitedCallery v Gray (No 2) CA 31-Jul-2001
A plaintiff could recover the costs of insuring himself against the risk of having to pay the other sides costs, and finding his own costs irrecoverable (after the event or ATE insurance). The earlier case had decided that such premiums may be . .
CitedCallery 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 . .

Lists of cited by and citing cases may be incomplete.

Costs, Legal Aid

Updated: 31 October 2021; Ref: scu.541953

Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: CA 22 May 2013

The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for hr appeal, and now appealed against its refusal.
Held: The appeal failed. The respondent’s policy was clear and longstanding.
Lord Dyson MR said: ‘ It is clearly established that a public body may not unlawfully fetter the exercise of a discretionary statutory power: see, for example, British Oxygen Co Ltd v Board of Trade [1971] AC 610. But where a policy is made in the exercise of prerogative or common law powers (rather than a statutory discretion), there is no rule of law which requires the decision-maker to consider the facts of every case with a view to deciding whether, exceptionally, to depart from the policy in a particular case. This is because ‘it is within the power of the decision-maker to decide on the extent to which the power is to be exercised in, for example, setting up a scheme. He can decide on broad and clear criteria and either that there are no exceptions to the criteria in the scheme or, if there are exceptions in the scheme, what they should be’: R (Elias) v Secretary of State for Defence [2006] 1 WLR 3213, para 191.’
Lord Dyson MR, Elias, Patten LJJ
[2013] EWCA Civ 581, [2013] 3 All ER 757, [2013] WLR(D) 201, [2013] 1 WLR 2938
Bailii, WLRD
European Convention on Human Rights
England and Wales
Citing:
Appeal fromSandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 4-Feb-2013
The claimant was facing trial in Bali which would eventually lead to a sentence of death. She complained of inadequate legal assistance before and at the trial. She had been represented by a local lawyer, paid with funds (andpound;5,000) raised by . .
CitedZagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others Admn 29-Nov-2010
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice . .
CitedAl-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
CitedSmith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
CitedSoering v The United Kingdom ECHR 7-Jul-1989
(Plenary Court) The applicant was held in prison in the UK, pending extradition to the US to face allegations of murder, for which he faced the risk of the death sentence, which would be unlawful in the UK. If extradited, a representation would be . .
CitedX v United Kingdom ECHR 15-Dec-1977
(Commission) The British court had ordered a Jordanian father to return his daughter to England. The English mother contacted the British consulate in Amman asking it to ‘obtain the custody of her daughter from the Jordanian Court’. The Consulate . .
CitedRegina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
CitedBritish Oxygen Co Ltd v Board of Trade HL 15-Jul-1970
Cylinders containing hydrogen gas were being put on a trailer pulled by a tractor for the purpose of delivery to the premises of the purchaser. One of the issues before the court was whether the function of the hydrogen trailers and the cylinders . .
CitedSecretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .

Cited by:
Appeal fromSandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs SC 16-Jul-2014
The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human . .

Lists of cited by and citing cases may be incomplete.
Updated: 30 October 2021; Ref: scu.510013

Luke Matara, Regina (on the Application of) v Brent Magistrates’ Court: Admn 20 Jul 2005

The claimant sought judicial review of the defendant’s decision not to award him legal aid to defend an allegation of failing to provide a pecimen of breath for alcohol testing purposes. The defendant wished to argue that he should have been given an interpreter. The court had rejected counsel’s opinion to the effect that it was in the interests of justice that assistance be provided.
Held: At least one of the criteria was met to support the need for legal aid in the interets of justice.
Mr Justice Simon Lady Justice Smith
[2005] EWHC 1829 (Admin)
Bailii
Access to Justice Act 1999
England and Wales

Updated: 30 September 2021; Ref: scu.229738

Clive Rees Associates, Solicitors, Regina (on The Application of) v Swansea Magistrates Court and Another: Admn 30 Nov 2011

The claimant solicitors challenged a decision of the respondents to transfer legal aid orders for the representation of clients to a second frm of solicitors.
Held: The court considered the various cases, finding three decisions unlawful and one lawful. In view of the subsequent progress of the cases, however, it would not now be appropriate to alter the representation.
Beatson, Lloyd Jones JJ
[2011] EWHC 3155 (Admin)
Bailii
Criminal Defence Solicitors (General) (No.2) Regulations 2001 16
England and Wales
Citing:
ApprovedRegina v Ashgar Khan 10-Jul-2001
Judge Wakerley QC expressed his concern at the numbers of applications for transfer of representation in the Crown Court. The court has a duty to bear in mind the cost to the taxpayer and that, as a result, good reason must be established before a . .
ApprovedRegina v Ulcay CACD 19-Oct-2007
The defendant appealed against his conviction, saying that his counsel and solicitors had withdrawn at the last moment on the grounds of professional embarrassment, the defendant having altered his instructions. New lawyers were unwilling to assist . .
CitedNash v Chelsea College of Art and Design QBD 11-Jul-2001
A student’s appeal against her examination marking was heard, but the reasons were only given some months later.
Held: When looking to see whether those reasons should be admitted, a court should be careful before accepting late reasons, . .
CitedRegina v Westminster City Council Ex Parte Ermakov CA 14-Nov-1995
The applicant, having moved here from Greece, applied for emergency housing. The Council received no reply to its requests for corroboration sent to Greece. Housing was refused, but the officer later suggested that the real reason was that the . .

Lists of cited by and citing cases may be incomplete.
Updated: 23 September 2021; Ref: scu.449047

Fa’afete Taito v The Queen and James McLeod Bennett and 10 others v The Queen (Consolidated Appeals): PC 19 Mar 2002

PC (New Zealand) In each case the defendants had sought and been refused legal aid to appeal against some aspect of their conviction. The system for deciding upon whether they should be granted legal aid did not allow for their participation. They also alleged that the full appeal was then heard again without their involvement and on the basis that since the application for legal aid had been refused, the case was without merit, and the appeal itself was also refused.
Held: The system did not properly implement that statute which had been brought in to correct defects in the court practice. Varying orders were made for the several individual cases.
Lord Bingham of Cornhill Lord Steyn Lord Hope of Craighead Lord Hutton Lord Rodger of Earlsferry
[2002] EWPC 14, [2002] UKPC 15
PC, PC, Bailii, PC
England and Wales

Updated: 10 September 2021; Ref: scu.168106

Director of Legal Aid Casework and Others v Briggs: CA 31 Jul 2017

Orse In re Briggs (Incapacitated Person)
Sir Brian Leveson P, King , Burnett LJJ
[2017] EWCA Civ 1169, [2017] WLR(D) 535, (2017) 158 BMLR 88, [2018] 2 All ER 990, [2018] 2 WLR 152, [2017] COPLR 370, [2017] CP Rep 45, , [2018] Fam 63
Bailii, WLRD
Mental Capacity Act 2005
England and Wales
Citing:
Appeal fromBriggs v Briggs and Others (EWCOP 48) CoP 24-Nov-2016
The Court considered whether the disagreement about whether it was in the best interests of Mr B for him to be given clinically assisted nutrition and hydration, was one which could be determined . .

Cited by:
CitedAn NHS Trust and Others v Y and Another SC 30-Jul-2018
The court was asked whether a court order must always be obtained before clinically assisted nutrition and hydration, which is keeping alive a person with a prolonged disorder of consciousness, can be withdrawn, or whether, in some circumstances, . .

Lists of cited by and citing cases may be incomplete.
Updated: 01 September 2021; Ref: scu.591676

Airey v Ireland: ECHR 9 Oct 1979

Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance of the right of access to a court, having regard to the prominent place held in a democratic society by the right to a fair trial.
There may be circumstances in which, without the assistance of a legally qualified representative, a litigant might be denied her Article 6 right to be able to present her case properly and satisfactorily. Ireland was in breach of Mrs. Airey’s Article 6 rights because it was not realistic to suppose that, in litigation of the type in which she was involved, she could effectively conduct her own case, despite the assistance which the judge affords to parties acting in person.
6289/73, Series A no 32, (1979) 2 EHRR 305, [1979] ECHR 3
Bailii
European Convention on Human Rights 6
Human Rights
Cited by:
CitedBoyle and Rice v The United Kingdom ECHR 27-Apr-1988
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Costs and expenses award – Convention proceedings
The first applicant had been convicted and sentenced for murder and subsequent acts of . .
CitedSecretary of State for Work and Pensions v Kehoe CA 5-Mar-2004
The claimant had applied to the Child Support Agncy for maintenance. They failed utterly to obtain payment, and she complained now that she was denied the opportunity by the 1991 Act to take court proceedings herself.
Held: The denial of . .
See AlsoAirey v Ireland ECHR 6-Feb-1981
Hudoc Judgment (Just satisfaction) Costs and expenses – claim rejected; Non-pecuniary damage – financial award; Pecuniary damage – claim rejected. . .
CitedSteel and Morris v United Kingdom ECHR 15-Feb-2005
The applicants had been sued in defamation by McDonalds. They had no resources, and English law precluded legal aid for such cases. The trial was the longest in English legal history. They complained that the non-availablility of legal aid infringed . .
CitedCampbell 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 . .
CitedMAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .
CitedMGN 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 . .
CitedLopez Ostra v Spain ECHR 9-Dec-1994
A waste treatment plant was built close to the applicant’s home in an urban location and the plant released fumes and smells which caused health problems to local residents.
Held: A duty exists to take reasonable and appropriate measures to . .
CitedBryant and Others, Regina (on The Application of) v The Commissioner of Police of The Metropolis Admn 23-May-2011
bryant_cmpAdmn11
Several claimants sought leave to bring judicial review of decisions taken by the defendant in the investigation of suggestions that their telephone answering systems had been intercepted by people working for the News of the World. They said that . .
CitedApollo Engineering Ltd v James Scott Ltd (Scotland) SC 13-Jun-2013
After long running litigation between the parties, a shareholder and director of Apollo sought to represent the company in person. He was refused leave by the Court of Session, and now sought to appeal. The Court considered the possibility of an . .
CitedQ v Q FD 21-May-2014
The father sought contact with his child. It was resisted by the mother. He was a convicted sex offender with offences against young male children. Expert evidence had been obtained, and he wished to challenge it. However, legal aid had been . .
CitedIn re X and Others (Deprivation of Liberty) CoP 7-Aug-2014
inreX_dolCoP1408
The court considered the practical and procedural implications for the Court of Protection of what was expected too be a large increase in its case-load which following the Supreme Court’s decision in Surrey County Council v P where it was held that . .

Lists of cited by and citing cases may be incomplete.
Updated: 24 August 2021; Ref: scu.164888

Asghar, Mughal, Asghar and Co (A Firm) v The Legal Services Commission, the Law Society: ChD 22 Jul 2004

The claimant firm of solicitors worked to provide legal assistance through the Legal Aid scheme organised by the first defendants under a general civil contract. They sought to claim for damages for what was said to be an unlawful interference in their practice.
Held: The relationship was governed by the contract, and that contract provided for such disputes to be resolved by arbitration. All claims were to be stayed pending the result of that arbitration, and the arbitrator was not confined to considering the parties casues of action.
The Hon Mr Justice Lightman
[2004] EWHC 1803 (Ch), Times 05-Aug-2004
Bailii
Arbitration Act 1996 6
England and Wales
Cited by:
CitedLegal Services Commission v Aaronson and others QBD 24-May-2006
The Commission sought to enforce an order requiring the defendant solicitors firm to produce to it all files on which bills had not yet been submitted. The defendant said that the request was in breach of an arbitration agreement. The commission . .

Lists of cited by and citing cases may be incomplete.
Updated: 09 August 2021; Ref: scu.199485

Masterman-Lister v Brutton and Co and Another (2): CA 16 Jan 2003

The claimant had been funded for a personal injury claim under legal aid. He appealed against a decision that he was not a ‘patient’ and that he had been fully capable of managing and administering his affairs for many years. He lost. The respondents to the appeal sought that their costs be paid by the LSC. It was not in dispute that the claimant should be ordered to pay the costs of the respondent to each appeal, and that ‘the determination of the amount of those costs which it is reasonable for the plaintiff to pay’ should be referred to a costs judge in accordance with the 1999 Act and the Regulations. The proceedings were, however, ongoing, and the question arose whether or not the costs judge would have jurisdiction in those circumstances to make an order against the LSC.
Held: Chadwick LJ said: ‘For my part I am not at all attracted by the suggestion that the question what order should be made in relation to the costs of this appeal should be adjourned for what may be a lengthy and indefinite period while these proceedings work their way through to final disposal. I can see no reason why a Section 11 (1) costs order should not be made at this stage in the form of paragraph 3 of the draft order that has been put before us; that is to say, an order that the determination of the appellant’s liability, if any, to pay costs and any application by the respondent for an order for payment of such costs by the Legal Services Commission be referred to a costs judge in accordance with Regulation 10 of the Community Legal Services Costs Regulations 2000. I would amend the paragraph so that it covers not only an application for an order under Section 18 of the Legal Aid Act 1988 but also an application under Regulation 5 of the Costs Protection Regulations 2000. The effect of an order in that form, as it seems to me, will be that any application for payment of Burton and Co’s costs by the Legal Services Commission will have to be made within three months of the date of the order. If, on such an application, the Legal Services Commission takes the point that the application is premature the costs judge will have power to adjourn the matter until there has been a final resolution of the proceedings; or, if he thinks it necessary, to refer the point for guidance by an appellate court.
My present view is that further guidance is unnecessary. To my mind the point is covered by the observations of Lord Denning MR in General Accident Car and Life Assurance Corporation Ltd v Foster . . . The only proceedings in relation to which we are asked to make an order for costs are the proceedings in this court. Those proceedings have been finally determined; and I can see no difficulty in the exercise by a costs judge of the jurisdiction conferred by the statute and the regulations in relation to the costs of those proceedings.’
Kennedy, Potter, Chadwick LJJ
[2003] EWCA Civ 70, [2003] 1 WLR 1511
Bailii
England and Wales
Citing:
See AlsoMasterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1) CA 19-Dec-2002
Capacity for Litigation
The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the . .
CitedGeneral Accident Car and Life Assurance Corporation Ltd v Foster CA 1972
The court considered the use of the word ‘proceedings’ in the 1964 Act: ‘The first point is: what are the ‘proceedings’? Are they the proceedings from beginning to end – from the very first time when legal aid was granted? I think not. The only . .

Cited by:
CitedD and D W v Portsmouth Hospital NHS; in re W (A Child) CA 3-May-2006
The claimants had sought court orders against the hospital to secure continuing life-supporting treatment for their daughter who had been born very severely disabled. The Trust now sought their costs from the various actions.
Held: The parents . .
CitedMaga v The Trustees of The Birmingham Archdiocese of The Roman Catholic Church CA 16-Mar-2010
maga_birmCA2010
The claimant appealed against rejection of his claim for damages after alleging sexual abuse by a catholic priest. The judge had found the church not vicariously liable for the injuries, and that the archdiocese had not been under a duty further to . .
CitedDunhill v Burgin SC 12-Mar-2014
Lack of Capacity – Effect on Proceedings
The Court was asked ‘First, what is the test for deciding whether a person lacks the mental capacity to conduct legal proceedings on her own behalf (in which case the Civil Procedure Rules require that she has a litigation friend to conduct the . .

Lists of cited by and citing cases may be incomplete.
Updated: 04 August 2021; Ref: scu.180713

Townsend v United Kingdom: ECHR 18 Jan 2005

The applicant complained of having been detained after failing to pay the community charge. The magistrates had committed him to prison in his absence for having culpably neglected to pay his community charge. The notice of hearing had been sent to the wrong address. Legal aid was not available, and he had not been represented.
Held: The failure to provide assistance for legal representation contravened his right to a fair hearing. There was a friendly settlement and the claimant awarded 10,000 euros.
Times 27-Jan-2005
Human Rights

Updated: 31 July 2021; Ref: scu.223070

Gareth Pearce v Ove Arup Partnership Ltd etc: ChD 29 Jun 2004

The claimant had issued one set of proceedings which were served out of time, and then a second writ was issued. The Regulations provided that a legal aid certificate should not ‘relate to more than one action, cause of matter’ The defendant obtained an order that the claimant was not entitled to his costs because of the regulation.
Held: The Regulations had to be construed purposively. The words referred to the method of commencing proceedings or to different types of proceedings. The claimant’s appeal was allowed.
The Honourable Mr Justice Peter Smith Costs Judge Wright Mr Peter Todd
[2004] EWHC 1531 (Ch), Times 26-Aug-2004, [2006] 1 WLR 18, [2004] 4 Costs LR 631
Bailii
Civil Legal Aid (General) Regulations 1989 46(3)
England and Wales

Updated: 30 July 2021; Ref: scu.198483

Regina v Resident Judge of Canterbury Crown Court and Resident Judge of Maidstone Crown Court ex parte Blok: Admn 6 Mar 1997

Judicial review was sought of letters from two Crown Court judges appearing to direct local magistrates as to the practice they should follow when facing applications to transfer legal aid orders in criminal matters.
Held: The letters merely gave guidance on the practice actually followed in the Crown Courts.
[1997] EWHC Admin 233
Bailii
England and Wales

Updated: 30 July 2021; Ref: scu.137178

Regina v Secretary of State for Home Department and Lord Chancellor ex parte Shafiq Rehman: Admn 8 Jun 1999

[1999] EWHC Admin 524, [1999] EWHC Admin 525
Bailii
Legal Aid Act 1988
England and Wales
Cited by:
Appeal fromRegina v Secretary of State for Home Department and Lord Chancellor ex parte Rehman CA 17-Jun-1999
A representative of the IAS could be assumed to be skilled and experienced and knowledgeable enough to conduct a case before the Special Immigration Appeal Commissioners, and Legal Aid would not be granted to pay for counsel even though the points . .

These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.139788

Regina v Secretary of State for Home Department and Lord Chancellor ex parte Rehman: CA 17 Jun 1999

A representative of the IAS could be assumed to be skilled and experienced and knowledgeable enough to conduct a case before the Special Immigration Appeal Commissioners, and Legal Aid would not be granted to pay for counsel even though the points raised included genuine and important points of international and national law.
Times 06-Jul-1999, [1999] EWCA Civ 1613
England and Wales
Citing:
Appeal fromRegina v Secretary of State for Home Department and Lord Chancellor ex parte Shafiq Rehman Admn 8-Jun-1999
. .

These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.146528

Connelly v RTZ Corporation Plc: CA 29 Sep 1995

Availability of legal aid to a party is not a relevant consideration to rules of forum non conveniens.
Independent 29-Sep-1995, Times 20-Oct-1995
England and Wales
Cited by:
Appeal fromConnelly v RTZ Corporation Plc and others HL 24-Jul-1997
The availability of legal aid to a party is not part of criteria for choosing jurisdiction save in exceptional circumstances.
Lord Goff discussed the Spiliada case: ‘the burden of proof rests on the defendant to persuade the court to exercise . .

These lists may be incomplete.
Updated: 04 June 2021; Ref: scu.79443

Norglen Ltd (In Liquidation) v Reeds Rains Prudential Ltd and Others; Etc: CA 6 Dec 1995

An assignment of a cause of action in order to be eligible to apply for Legal Aid is not against public policy. An assignment of a cause of action was not invalid solely on the ground that its purpose was to enable the action to be prosecuted on terms that the company would benefit from success. There was no jurisdiction to make an order for security for costs against Mr and Mrs Rodgers (who had taken the assignment from Norglen Ltd) and it would not in the circumstances be right to make an order against Norglen, which was dropping out of the action.
Sir Thomas Bingham M.R., Hobhouse and Aldous L.JJ
Independent 12-Jan-1996, Times 06-Dec-1995
England and Wales
Citing:
DistinguishedAdvanced Technology Structures Ltd v Cray Valley Products Ltd CA 1993
An assignment of the cause of action should not be recognised or given effect because it was a ‘sham’.
Hirst LJ said that the assignment was: ‘a mere stratagem or device to enable the company to carry on the proceedings, with the support of Mr. . .

Cited by:
Appeal fromNorglen Ltd (In Liquidation) v Reeds Rains Prudential Ltd and Others; Circuit Systems Ltd (In Liquidation) and Another v Zuken-Redac HL 1-Dec-1997
An assignment of a cause of action by a company in liquidation was valid, even though the dominant purpose was to avoid having to give security for costs, and to get legal aid. In dismissing the argument that the transactions were a device to defeat . .

These lists may be incomplete.
Updated: 02 June 2021; Ref: scu.84328

Stretch v West Dorset District Council (2): CA 13 May 1999

A local authority resisting an appeal by a legally aided plaintiff could be awarded costs. The court should be careful not to depart from the wording of the Act, and an order did not depend upon any finding of wrongful behaviour by a party. The plaintiff had sought to exercise an option in a lease granted to him, but which option was ultra vires.
Times 20-May-1999, Gazette 26-May-1999, [1999] EWCA Civ 1409
Legal Aid Act 1974 18
England and Wales

Updated: 01 June 2021; Ref: scu.146324

Southwark Law Centre, Regina (on the Application of) v Legal Services Commission: Admn 20 Jul 2007

In each case, the legal aid claimants had been refused legal aid on financial grounds. They were in dispute with their landlords, and were withholding rent. The respondents included the unpaid rent in their income, so disallowing the applications.
Held: The Commission was wrong. The wording was that they should deduct the ‘rent payable’ not just the rent paid. The wording had been chosen to achieve this effect.
Collins J
[2007] EWHC 1715 (Admin), Times 20-Aug-2007, [2007] 4 All ER 754, [2008] 1 WLR 1368
Bailii
Community Legal Service (Financial) Regulations 2000
England and Wales

Updated: 16 May 2021; Ref: scu.258159

Martin v Legal Services Commission: Admn 27 Jul 2007

The claimant challenged by judicial review the discharge of a legal aid certificate in educational negligence proceedings.
Held: A final decision to revoke a legal aid certificate may be challenged by judicial review.
Ouseley J
[2007] EWHC 1786 (Admin)
Bailii
Legal Aid Act 1988 15(2), Civil Legal Aid (General) Regulations 1989 (1989 No 339) 77
England and Wales
Citing:
CitedIverson v Iverson 1966
Solicitors and counsel should report to the Legal Aid Board if the cost benefit position in the funded claim deteriorates after the grant of legal aid. . .

Cited by:
CitedMAK and RK v The United Kingdom ECHR 23-Mar-2010
mak_ukECHR10
When RK, a nine year old girl was taken to hospital, with bruises, the paediatrician wrongly suspecting sexual abuse, took blood samples and intimate photographs in the absence of the parents and without their consent.
Held: The doctor had . .

These lists may be incomplete.
Updated: 16 May 2021; Ref: scu.258486

Machi, Regina (on The Application of) v Legal Services Commission: Admn 23 Jul 2001

Lawfulness of the imposition by the Legal Services Commission (the defendant) of an embargo on work being done under a full legal aid certificate before the discharge of the certificate under the Legal Aid Act 1988 and the Regulations of 1989 made thereunder. The effect of the embargo in this case, imposed because the claimant was considered unreasonably to have refused an offer of settlement made very shortly before trial, was to leave the claimant unrepresented at that trial.
Ouseley J
[2001] EWHC 580 (Admin), [2002] ACD 8
Bailii
England and Wales

Updated: 16 May 2021; Ref: scu.396528

Chohan v Times Newspapers Limited; Singh and Choudry (a Firm) and Choudry: CA 4 Dec 1998

[1998] EWCA Civ 1916
England and Wales
Cited by:
See AlsoChohan v Times Newspapers Ltd CA 25-Feb-1999
. .
See AlsoTimes Newspapers Ltd v Chohan CA 22-Jun-2001
The limitation period on collection of an award of costs, must run from the date of the costs certificate. It was only at that point when it became enforceable. It would be an abuse to bring an action for enforce the costs award before that date. . .

These lists may be incomplete.
Updated: 14 May 2021; Ref: scu.145395

Regina v Brighton and Hove Council ex parte Nacion: CA 1 Feb 1999

[1999] EWCA Civ 687
England and Wales
Citing:
See AlsoRegina v Brighton and Hove Council ex parte Nacion (2) CA 1-Feb-1999
The applicant sought review of a decision not to offer him temporary accomodation pending an appeal following a review of a refusal to offer him emergency accomodation. He had become homeless as a result of imprisonment.
Held: The section gave . .

These lists may be incomplete.
Updated: 14 May 2021; Ref: scu.145602

Harrison v Dace: CA 13 Oct 1998

Application for leave to appeal in a boundary dispute: ‘In my view it is a misuse of legal aid and at a time when we are being told that deserving people are not getting legal aid, because of the cost to the public of excessive public money being used for litigation, it is peculiarly sad to find that it should have been spent on this rather arid exercise with which this court is being asked to deal today.’
Butler-Sloss LJ
[1998] EWCA Civ 1524
Bailii
England and Wales

Updated: 10 May 2021; Ref: scu.145003

Regina (Mudie and Another) v Dover Magistrates’ Court and Another: CA 4 Feb 2003

The applicants wished to challenge the confiscation of their goods by the Commissioners of Customs and Excise on their return to Dover. They appealed the refusal of Legal Aid.
Held: The Convention guaranteed the right to legal assistance for someone charged with a criminal offence and who could not afford representation, but these condemnation proceedings were civil not criminal. The claimants argued that a finding against them involved a finding of reprehensible behaviour (Engel), but this mistook the court’s function which was to decide whether the goods were liable to seizure.
Phillips of Worth Matravers, MR, Brooke, Laws LJJ
Times 07-Feb-2003, [2003] EWCA Civ 237, [2003] QB 1238, [2003] 2 WLR 1344
Bailii
Access to Justice Act 1999 12(2), Customs and Excise Management Act 1979 Sch 3 para 6, European Convention on Human Rights 6
England and Wales
Citing:
CitedGoldsmith and Another v Commissioners of Customs and Excise QBD 7-Jun-2001
The applicants were stopped after bringing into the country 26 kilos of tobacco, without declaring it. The customs applied for an order condemning the tobacco. The applicants argued that the proceedings were, in effect, criminal proceedings, and . .
CitedEngel And Others v The Netherlands (1) ECHR 8-Jun-1976
engel_netherlandsECHR1976
The court was asked whether proceedings in a military court against soldiers for disciplinary offences involved criminal charges within the meaning of Article 6(1): ‘In this connection, it is first necessary to know whether the provision(s) defining . .

Cited by:
CitedGora and others v Commissioners of Customs and Excise and others CA 11-Apr-2003
gora_custCA2003
The appellants challenged decisions of the VAT and Duties Tribunal after seizure of their goods, and in particular whether the cases had been criminal or civil cases and following Roth, whether the respondent’s policy had been lawful and . .

These lists may be incomplete.
Updated: 09 May 2021; Ref: scu.178991

Regina v The Law Society, Ex parte Nicholson: 22 Feb 1985

A legal aid committee could not refuse legal aid under this provision solely on the ground that the applicant had acquired the cause of action by assignment from an insolvent company, without having regard to the other circumstances of the case.
Hodgson J
Unreported, 22 February 1985
Legal Aid Act 1988 15(3)(a)
England and Wales
Citing:
See AlsoRegina v Legal Aid Board, ex parte Nicholson QBD 24-Jun-1994
A Legal Aid certificate may be amended after judgment had been given to name a new solicitor. . .

Cited by:
See AlsoRegina v Legal Aid Board, ex parte Nicholson QBD 24-Jun-1994
A Legal Aid certificate may be amended after judgment had been given to name a new solicitor. . .
CitedNorglen Ltd (In Liquidation) v Reeds Rains Prudential Ltd and Others; Circuit Systems Ltd (In Liquidation) and Another v Zuken-Redac HL 1-Dec-1997
An assignment of a cause of action by a company in liquidation was valid, even though the dominant purpose was to avoid having to give security for costs, and to get legal aid. In dismissing the argument that the transactions were a device to defeat . .

These lists may be incomplete.
Updated: 09 May 2021; Ref: scu.223198

Carr v Boxall: 1960

Cross J
[1960] 1 WLR 314
England and Wales
Cited by:
CitedLockley v National Blood Transfusion Service CA 1992
There was an interlocutory dispute over the granting of an extension of time for service of the defence. The legally aided plaintiff challenged the costs orders made by the district registrar and the judge. Each ordered that the costs be the . .
Per IncuriamSonia Burkett, Regina (on the Application of) v London Borough of Hammersmith and Fulham CA 15-Oct-2004
The appellant challenged an order for costs after dismissal of her application for judicial review of the respondent’s planning decision. The claimant had been granted legal aid at about the time of the bringing in of the new legal aid scheme. The . .

These lists may be incomplete.
Updated: 09 May 2021; Ref: scu.216497

Levy v Legal Aid Board: ChD 24 Feb 2000

Although an order for costs might in some circumstances not be provable in an insolvency, that did not prevent a statutory demand based upon that debt. Whether it was provable would become clear in the later insolvency proceedings. The court had a discretion to found a petition on an unproveable debt where there were special circumstances such as, for example other debts which were provable.
Gazette 24-Feb-2000, Gazette 16-Mar-2000
Insolvency Rules 1986/1925 12 3 (2) (a)
England and Wales

Updated: 08 May 2021; Ref: scu.83037

Main, Regina (on the Application of) v Minister for Legal Aid: Admn 2 Apr 2007

The applicants were relatives of victims of a rail accident. They challenged the refusal of legal aid for representation at the coroners inquest.
Held: Judicial review was granted. The minister’s decision was flawed in that he had failed to allow for the fact that the issues to be aired in the cases were both of wide public interest and of potential benefit for the public as a whole, and that the interetss of those appearing before the inquest would be divergent.
Owen J
[2007] EWHC 742 (Admin), Times 09-May-2007
Bailii
European Convention on Human Rights 2
England and Wales

Updated: 06 May 2021; Ref: scu.251161

Malekout v Medical Sickness Annuity and Life Assurance Society Limited: CA 21 May 1998

The plaintiff sought to appeal against a stay of his action so that it could be referred to arbitration. His claim was under insurance policies containing clauses providing for arbitration of disputes.
Held: The judge had failed to take account of the fact that the claimant was receiving income support as an indication of his lack of funds. Since a payment under the policies would have put him in funds, the fact of non-payment was connected to his present inability to fund an action, and nor was it correct to have dismissed the plaintiff’s need for assistance in an arbitration where technical legal and medical issues would arise.
[1998] EWCA Civ 872
England and Wales
Citing:
CitedTrustee of Property of Andrews v Brock Buildings (Kessingland) Limited CA 21-Nov-1996
An impecunious plaintiff who resisted an application to stay proceedings in order to allow an arbitration can be required to show the cause of his inability to fund the action. . .
CitedFakes v Taylor Woodrow Construction Limited 1973
The plaintiff resisted an application for a stay of his action for an arbitration on the basis that his lack of funds would make it impossible to take part in an arbitration. . .
CitedConnelly v RTZ Corporation Plc and others HL 24-Jul-1997
The availability of legal aid to a party is not part of criteria for choosing jurisdiction save in exceptional circumstances.
Lord Goff discussed the Spiliada case: ‘the burden of proof rests on the defendant to persuade the court to exercise . .

These lists may be incomplete.
Updated: 05 May 2021; Ref: scu.144351

AK and L v Croatia: ECHR 8 Jan 2013

ECHR Article 8-1
Respect for family life
Authorities’ failure to ensure legal representation of mentally disabled applicant in proceedings divesting her of parental rights and to inform her of adoption proceedings in respect of her son: violation
Facts – The first applicant is the mother of the second applicant L., who was born in 2008. Soon after his birth, L. was placed, with his mother’s consent, in a foster family in another town, on the grounds that his mother had no income and lived in a dilapidated property without heating. In May 2010 the first applicant was divested of her parental rights in respect of L., on the grounds that she had a mild mental disability and was not able to provide proper care to him. She applied for legal aid to lodge an appeal, but was only assigned a lawyer after the time-limit for appealing had expired. In October 2010 her lawyer applied to a municipal court for an order restoring the first applicant’s parental rights, but the application was dismissed because in the meantime L. had been adopted by third parties. The first applicant was not a party to the adoption proceedings and was not informed of them, as her consent was not needed because she had been divested of her parental rights.
Law – Article 8
(a) Standing of the first applicant to act on behalf of L. – In respect of any issues concerning the facts after the adoption became final, L.’s only representatives under national law were his adoptive parents. However, all issues concerning the severing of his ties with his biological mother before his adoption should be examined by the Court. It was in principle in a child’s interest to preserve its ties with its biological parents, save where weighty reasons existed to justify severing them. In the present proceedings, owing to his tender age, L. was not in a position to represent his interests. The first applicant was the only person able to argue on his behalf that severing the ties between them had also affected L.’s right to respect for his family life. The Government’s objection as regards the locus standi of the first applicant to represent L. in the proceedings before the Court had to be dismissed.
(b) Applicability – Although the child had been placed in a foster family soon after birth, the first applicant had continued to visit him. In the Court’s view there existed a bond between the first applicant and her son that amounted to ‘family life’. Article 8 was therefore applicable.
(c) Merits – The measures taken by the State amounted to interference with the applicants’ right to respect for their family life. The interference had a basis in domestic law and had been aimed at protecting the best interests of the child. The Court was not called upon to determine whether the adoption of the first applicant’s child was justified as such. Nor did it have to rule on the compliance with Article 8 of legislation which did not allow a parent divested of parental rights to participate in the adoption proceedings. Instead, the Court examined whether sufficient safeguards for the protection of the applicants’ private and family life had been provided at every stage of the process. The domestic legislation provided adequate safeguards as regards the interests of parents and their children in proceedings. However, despite the legal requirement and the authorities’ findings that the first applicant suffered from a mild mental disability, she had not been represented by a lawyer in the proceedings divesting her of parental rights. Given that she could not properly understand the full legal effect of such proceedings and adequately argue her case and given the importance of such proceedings for her right to respect for her family life, the national authorities should have ensured that the interests of both the first applicant and L. were adequately protected, in particular from the standpoint of preserving ties between them. While the Court could accept that the consent of the first applicant, who had been divested of her parental rights, was not necessary in the adoption proceedings, it nevertheless considered that where, as in Croatia, a national system allowed for parental rights to be restored, it was indispensable that a parent be given an opportunity to exercise that right before the child was put up for adoption. However, by not informing the first applicant about the adoption proceedings the national authorities had deprived her of the opportunity to seek restoration of her parental rights before the ties between her and her son had been finally severed by his adoption. She had thus been prevented from enjoying her right guaranteed by domestic law and had not been sufficiently involved in the decision-making process.
Conclusion: violation (unanimously).
Article 41: EUR 12,500 to the first applicant in respect of non-pecuniary damage.
37956/11 – Legal Summary, [2013] ECHR 290
Bailii
European Convention on Human Rights 8-1

Updated: 01 May 2021; Ref: scu.472432

Regina v Chester and North Wales Legal Aid Area Office (No 12) ex parte Floods of Queensferry Limited: CA 18 Dec 1997

A company was not entitled to legal aid unless it was clearly acting in a fiduciary capacity; that the assignment of an action is invalid is insufficient to warrant a grant.
Times 26-Dec-1997, Gazette 28-Jan-1998, [1997] EWCA Civ 3043
Legal Aid Act 1974 2(10)
England and Wales
Citing:
Appeal fromRegina v Chester and North Wales Legal Aid Area Office Ex Parte Floods of Queensbury Ltd QBD 7-Nov-1997
It was possible for a body to apply for legal aid but only if it was genuinely acting in a fiduciary capacity as trustee, not mere contractual representative. . .

These lists may be incomplete.
Updated: 30 April 2021; Ref: scu.143442

Lozinski v Ross: CA 15 Jan 1998

The defendant sought a stay of execution. There had been a partnership between the parties resulting in protracted litigation. As a result of costs orders already made there could be no financial benefit to the defendant in pursuing her case, and her legal aid had been withdrawn.
Held: The defendant had already failed to comply with unless orders, and her action had no prospect of success. Stay refused.
Lord Justice Brooke
[1998] EWCA Civ 27
England and Wales

Updated: 30 April 2021; Ref: scu.143505

Sandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 4 Feb 2013

The claimant was facing trial in Bali which would eventually lead to a sentence of death. She complained of inadequate legal assistance before and at the trial. She had been represented by a local lawyer, paid with funds (andpound;5,000) raised by her sister, but who (according to her) spoke little English and had no experience of capital defence litigation. Following her conviction, and by the time of the judicial review application, the consulate had put her in touch with Mr Agus, a local lawyer. He was the British Ambassador’s honorary legal adviser and was also a human rights specialist, who had acted in previous death penalty cases. He was willing to act for the appellant on a pro bono basis, subject to payment of his expenses, estimated at some andpound;2,600. She challenged the refusal of the respondent to provide that sum, both under common law and human rights law.
Held: The request was refused.
Gloster J said: ‘In my judgment it is manifestly clear on the facts of this case, that, at all relevant times, from the moment she was arrested, throughout the time she was in custody, throughout the trial process, and after her conviction when held in prison, the claimant was and remains under the authority and control of the Indonesian state and relevant criminal authorities. The mere fact that the consular officials provided her with advice and support, and that the [Foreign and Commonwealth Office] engaged in diplomatic representations, cannot be regarded as any kind of exertion of authority or control by agents of the United Kingdom so as to engage its responsibilities under the Convention.’
Gloster, Nicola Davies JJ
[2013] EWHC 168 (Admin)
Bailii
European Convention on Human Rights
England and Wales
Citing:
CitedZagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others Admn 29-Nov-2010
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice . .
CitedAl-Skeini and Others v The United Kingdom ECHR 7-Jul-2011
(Grand Chamber) The exercise of jurisdiction, which is a threshold condition, is a necessary condition for a contracting state to be able to be held responsible for acts or omissions imputable to it which give rise to an allegation of the . .
CitedBankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
CitedX v United Kingdom ECHR 15-Dec-1977
(Commission) The British court had ordered a Jordanian father to return his daughter to England. The English mother contacted the British consulate in Amman asking it to ‘obtain the custody of her daughter from the Jordanian Court’. The Consulate . .

Cited by:
Appeal fromSandiford, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs CA 22-May-2013
The appellant, a British national and European citizen was in prison in Bali convicted of a criminal charge for which she might face the death penalty. Having insufficient funds she sought legal assistance from the respondent for hr appeal, and now . .
At AdminSandiford, Regina (on The Application of) v The Secretary of State for Foreign and Commonwealth Affairs SC 16-Jul-2014
The appellant a British Citizen awaited execution in Singapore after conviction on a drugs charge. The only way she might get legal help for a further appeal would be if she was given legal aid by the respondent. She sought assistance both on Human . .

These lists may be incomplete.
Updated: 28 April 2021; Ref: scu.470811

Procurator Fiscal, Fort William v Mclean and Another: HCJ 11 Aug 2000

A rule which restricted the amount payable to a defendant to cover his legal fees in defending a case brought against him to pounds 550.00 was not an infringement of his human rights. To demonstrate a breach of the right to a fair trial, the defendant must show not only prejudice, but also some material disadvantage involving an actual and material risk of harm to his defence.
Times 11-Aug-2000
Criminal Legal Aid (Fixed payments)(Scotland) Regulations 1999 (SI 1999 No 491)
Scotland

Updated: 20 April 2021; Ref: scu.85053

Oliver Fisher (A Firm) v Legal Services Commission: Admn 10 May 2002

Gilliatt A solicitors’ firm had been paid for work done in a case by the Legal Services Commission. The LSC had a right to a statutory charge against a property which had been preserved as a result of the proceedings. The solicitors should have reported to the LSC that they had recovered the property by December 1999. In February 2000 the firm applied to have the legal aid certificate discharged. It was not until August 2000 that they made the report to the LSC about the recovery of property giving rise to the statutory charge. The LSC did not actually receive the report until mid September. The LSC then applied to register a caution against the property. In the meantime the litigant had put the property on the market and a prospective purchaser had lodged an official search with the land registry. The upshot was that the purchaser’s application to register title had priority over the LSC’s application to register a charge. The property was transferred to the purchasers. By the time the LSC were told their charge had not been registered, the solicitors had been paid and the litigant had been paid by the purchaser. The LSC then tried to claw back the money paid out for costs from other sums claimed by the solicitors in respect of different cases.
Held: Despite the fact that the solicitors had not done everything they should have done promptly, there was no actual power, on a construction of the regulations on the part of the LSC to take back the money.
Scott Baker J said: ‘[Counsel for the Commission] submits that . . Section 4(1)(b) of the Legal Aid Act 1988 gives the defendants a statutory power to operate a running account. This however does not in my judgment give a right to relocate or move money that has been earned and paid in case ‘A’ to case ‘B’ or to recoup money.’
Mr Justice Scott Baker
[2002] EWHC 1017 (Admin)
Bailii
Legal Aid Act 1988 4(1)(b)
England and Wales

Updated: 19 April 2021; Ref: scu.172254

Rayner v The Lord Chancellor: CA 9 Nov 2015

The claimant had been a defendant in an action. He came to be awarded substantial damages and costs, but the legally aided claimant was unlikely ever to be able to pay, and he sought payment of his costs under the Regulations. The respondent said that costs in respect of a period between the transfer of the legal id order from one firm to another was not recoverable.
Held: The appeal succeeded.
McCombe, Gloster, Underhill LJJ
[2015] EWCA Civ 1124
Bailii
Access to Justice Act 1999
England and Wales
Citing:
Appeal fromRayner v The Lord Chancellor ChD 2-Dec-2013
. .

These lists may be incomplete.
Updated: 19 April 2021; Ref: scu.554532

Rayner v The Lord Chancellor: ChD 2 Dec 2013

Nicholas Strauss QC sitting as a deputy judge of the Chancery Division
[2013] WLR(D) 467, [2013] EWHC 3878 (Ch), [2014] 1 Costs LR 59, [2014] 1 WLR 677
Bailii, WLRD
Community Legal Service (Cost Protection) Regulations 2000 5(4)
England and Wales
Cited by:
Appeal fromRayner v The Lord Chancellor CA 9-Nov-2015
The claimant had been a defendant in an action. He came to be awarded substantial damages and costs, but the legally aided claimant was unlikely ever to be able to pay, and he sought payment of his costs under the Regulations. The respondent said . .

These lists may be incomplete.
Updated: 19 April 2021; Ref: scu.522671

In Re O (A Minor) (Costs:Liability of Legal Aid Board); orse Re O (A Minor) (Legal Aid Costs): CA 25 Nov 1996

Grandparents should have conceded at an early stage in the Court of Appeal that an order made by the judge in proceedings relating to their grandchild had been made without jurisdiction.
Held: The court considered the procedures for applying for costs for an unassisted party in children proceedings.
Times 25-Nov-1996, [1996] EWCA Civ 936, [1997] 1 FCR 159
Legal Aid Act 1988
England and Wales
Cited by:
CitedD and D W v Portsmouth Hospital NHS; in re W (A Child) CA 3-May-2006
The claimants had sought court orders against the hospital to secure continuing life-supporting treatment for their daughter who had been born very severely disabled. The Trust now sought their costs from the various actions.
Held: The parents . .

These lists may be incomplete.
Updated: 15 April 2021; Ref: scu.82085