swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Legal Aid - From: 1985 To: 1989
This page lists 3 cases, and was prepared on 02 April 2018.
Regina v The Law Society, Ex parte Nicholson Unreported, 22 February 1985
22 Feb 1985
Hodgson J
Legal Aid
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.
Legal Aid Act 1988 15(3)(a)
1 Cites
1 Citers
Regina v Rowbotham and others; 1988 - (1988) 41 CCC,(3d) 1
Regina v Inner London Crown Court ex parte Bentham [1989] 1 WLR 408
1989
QBD
Mann LJ
Nuisance, Legal Aid
The defendant sought legal aid to defend an action to abate a statutory nuisance under the 1936 Act. Held: Such an action was criminal in nature. The action had been brought under section 99, but the imposition of a penalty under s94 was a criminal sentence. "On analysis, the position seem to be that proceedings are initiated by information under section 99, and that the information is then dealt with under section 94(2). It appears plain that the proceedinbgs under section 94(2) are criminal in character. The offence is the wrongdoing which leads to whatever order is in fact made; in this case, putting it generally, allowing premises to be in such a state as to be prejudicial to health."
Public Health Act 1936 9492) - Legal Aid Act 1974 28(5)
1 Cites
1 Citers