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: 1993 To: 1993
This page lists 17 cases, and was prepared on 02 April 2018.
Advanced Technology Structures Ltd v Cray Valley Products Ltd [1993] BCLC 723
1993
CA
Hirst LJ, Leggatt LJ, Glidewell LJ
Legal Aid, Company
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. Pratt's [the assignee] legal aid, which manifestly neither they nor he could afford to do otherwise. . . The sole purpose of the assignment was therefore to tap the resources of the legal aid fund, which are available to Mr. Pratt only because of his own impecuniosity." To give effect to the assignment would conflict with "the underlying policy of the Act," which was that "legal aid should not be available to corporate plaintiffs."
Leggatt LJ said: "When Parliament decided that legal aid should not be available to corporations, it cannot have been its intention that a corporation should be able to nominate an employee, to whom it has assigned a right of action, to conduct the litigation on its behalf with the assistance of legal aid for which he was eligible."
1 Citers
Loic Lallemand-Zeller v Commission of the European Communities T-92/92; [1993] EUECJ T-92/92
14 Jan 1993
ECFI
European, Legal Aid
ECJ Procedure - Time-limit for bringing proceedings - Application for legal aid - Lodging of the application without the assistance of a lawyer within the time prescribed for bringing proceedings but prior to the initiation of proceedings - Suspension of the time-limit for bringing proceedings - (Rules of Procedure of the Court of First Instance, Art. 94)
The lodging of an application for legal aid without the assistance of a lawyer, within the time prescribed for bringing proceedings but prior to the initiation of proceedings, prevents time from running until the applicant is served with the order of the Court.
[ Bailii ]
Advanced Technology Structures Ltd v Cray Technology Ltd Ind Summary, 22 February 1993
22 Feb 1993
CA
Legal Aid, Company
There should be no legal aid for a company's nominee to bring what were, in effect, company proceedings. Parliament had deliberately excluded such assistance, and it should not be circumvented by the company assigning its rights in action to a nominee.
Legal Aid Act 1974
Graham Cole-Williams v LPH Equipment Ltd Ind Summary, 22 March 1993
22 Mar 1993
CA
Legal Aid
Provision for 'Unless Orders' against Legal Aid fund.
Legal Aid Act 1988
In Re T (Minors) Civil Aspects of International Child Abduction; FD 23-Mar-1993 - Times, 23 March 1993
Regina v Lord Chancellor ex parte the Law Society (1) Independent, 04 May 1993; Ind Summary, 20 March 1995; Times, 05 May 1993
4 May 1993
QBD
Judicial Review, Customs and Excise, Legal Aid, Costs, Criminal Practice
The introduction of a Standard Criminal Legal Aid fees regime was within the Lord Chancellor's proper range of discretion, even without consultation with the Law Society.
The meaning of 'carried entering UK' can include clothing being worn, but caution to be used by the courts not to extend the meaning unnecessarily.
Customs and Excise Management Act 1979 78(2) - Legal Aid Act 1988 34
1 Citers
Regina v Clerk to Liverpool Deputy Stipendiary Ex Parte Shacklady Gazette, 02 June 1993
2 Jun 1993
QBD
Legal Aid
Renewed application for criminal legal aid rejected after revocation.
Middleton v Middleton Times, 04 June 1993
4 Jun 1993
FD
Legal Aid
The court can extend the time for filing an affidavit re an order for costs against the Legal Aid Board.
1 Cites
1 Citers
Regina v Legal Aid Board ex parte Gilchrist Gazette, 09 June 1993
9 Jun 1993
QBD
Legal Aid
A scheme to use company references for Police Station Own Solicitor duty solicitor work was lawful.
1 Cites
1 Citers
Lord Chancellor v Wright Independent, 25 June 1993; Times, 10 June 1993
10 Jun 1993
QBD
Costs, Legal Aid
A taxing master when taxing one sides costs may consider the amount paid to counsel on the other (prosecuting) side.
Regina v Lord Chancellor ex parte the Law Society (2) Independent, 22 June 1993; Times, 25 June 1993
22 Jun 1993
QBD
Judicial Review, Costs, Legal Aid, Legal Professions
The introduction of a Standard Fees Criminal Legal Aid regime did not require prior consultation with the Law Society. The rules had been imposed in accordance with the words of the enabling statute.
Legal Aid Act 1988 34
Jones and Anothero v Zahedi Times, 12 July 1993
12 Jul 1993
ChD
Legal Aid
An applicant for costs against Legal Aid fund must file full details of his means.
Legal Aid Act 1988 18
Regina v Liverpool Magistrates Court ex parte Pender Ind Summary, 16 August 1993; Times, 22 July 1993
22 Jul 1993
QBD
Legal Aid
Discharge of Legal Aid certificate for failure to pay contribution does not prevent renewed application.
Regina v Legal Aid Assessment Office ex parte Crocker Independent, 23 July 1993; Gazette, 17 December 1993
23 Jul 1993
QBD
Legal Aid
Assessment of means to include circumstances including two sets of proceedings. Assessing Officer failed to recognise own discretion to disregard capital.
Regina v Lord Chancellor ex parte Law Society; CA 11-Aug-1993 - Times, 11 August 1993; Independent, 24 September 1993
Regina v Liverpool Stipendiary Magistrate ex parte Pender Gazette, 13 October 1993
13 Oct 1993
QBD
Legal Aid
An application for legal aid may be made for pre-trial proceedings - regulation 10.
Regina v Legal Aid Board, ex parte Higgins Times, 19 November 1993
19 Nov 1993
QBD
Legal Aid
Experts reports may be obtained if Legal Aid area office say appropriate.
Legal Aid Advice and Assistance Regulations 1989 (SI 1989 No 340)
