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swarb.co.uk - law indexThese 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. |
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Legal Aid - From: 1997 To: 1997This page lists 24 cases, and was prepared on 02 April 2018. Chaggar v Chaggar [1997] 1 All ER 104 1997 CA Aldous LJ, Phillips LJ Legal Aid When considering making an order that an assisted person make a contribution to costs, the task of the court is set out in s 17: it is to decide the assisted parties' liability for costs. Those costs must not exceed that which it is reasonable for the party to pay in all the circumstance. All the circumstances have to be taken into account, including the financial resources of both parties taking into account regulation 126. The court should consider the parties' disposable income and disposable capital excluding the assets referred to in the regulations. Legal Aid Act 1988 17 1 Citers McKay v Legal Aid Board Times, 07 March 1997; [1997] EWCA Civ 826 23 Jan 1997 CA Legal Aid Money which had been paid into court before the Legal Aid Certificate was issued, is not subject to the legal aid charge when it was recovered from court. Legal Aid Act 1988 Sch2 Part 1 [ Bailii ] Wraith v Wraith and Another; CA 5-Feb-1997 - Gazette, 05 March 1997; Times, 14 February 1997; [1997] EWCA Civ 929 Regina v Wrexham Maelor Magistrates' Court ex parte Mark Ian Challenor [1997] EWHC Admin 217 4 Mar 1997 Admn Legal Aid Challenge to refusal to grant legal aid. [ Bailii ] Regina v Resident Judge of Canterbury Crown Court and Resident Judge of Maidstone Crown Court ex parte Blok [1997] EWHC Admin 233 6 Mar 1997 Admn Legal Aid, Criminal Practice 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. [ Bailii ] Regina v Gravesend Magistrates Court ex parte Baker [1997] EWHC Admin 373 16 Apr 1997 Admn Lord Justice Mccowan -And- Mr Justice Popplewell Road Traffic, Magistrates, Legal Aid The defendant appealed a refusal of legal aid. She wished to establish that her drink had been spiked, and thus to establish special reasons for not being disqualified for driving with excess alcohol. Held: Expert evidence would assist the magistrates in deciding the matter. That would not be available without expert evidence, and therefore legal aid was necessary. 1 Cites [ Bailii ] Regina v Legal Aid Board ex parte Harry Haldane Faulkner Rogers [1997] EWHC Admin 413 25 Apr 1997 Admn Legal Aid 1 Cites 1 Citers [ Bailii ] Regina v Gravesham Magistrates Court Ex Parte Baker Times, 30 April 1997 30 Apr 1997 QBD Legal Aid Legal Aid should be granted where a criminal case required an expert to be instructed. Application for Leave To Move for Judicial Review Queen v Legal Aid Area No 3 Appeal Committee ex parte Brain [1997] EWCA Civ 1937 23 Jun 1997 CA Legal Aid [ Bailii ] Regina v Legal Aid Board ex parte T, a Firm of Solicitors; Admn 25-Jun-1997 - [1997] EWHC Admin 593 Regina v Legal Aid Board ex parte T, a Firm of Solicitors [1997] EWHC Admin 592 25 Jun 1997 Admn Legal Aid, Legal Professions Application for judicial review of decision of Legal Aid board - granted. 1 Cites 1 Citers [ Bailii ] Ashman v Severn Trent Water Ltd and National Rivers Authority [1997] EWCA Civ 1980 26 Jun 1997 CA Legal Professions, Legal Aid The solicitor appealed against a refusal of the court to allow him to come off the record in acting for the plaintiff. The court had said that since the plaintiff was legally aided, the solicitor must first deal with the Legal Aid certificate. [ Bailii ] Connelly v RTZ Corporation Plc and others; HL 24-Jul-1997 - Times, 04 August 1997; Gazette, 28 August 1997; [1997] UKHL 30; [1998] AC 854; [1997] 4 All ER 335; [1997] 3 WLR 373 North Staffordshire Hospitals NHS Trust; Southall v Payne (Also Known As Wraxall); Dean; Morgan and Baldwin [1997] EWCA Civ 2244 30 Jul 1997 CA Contempt of Court, Legal Aid [ Bailii ] Twigg Farnell (Formerly Alan Farnell and Co) v Leslie Wildblood [1997] EWCA Civ 2375 26 Sep 1997 CA Legal Aid [ Bailii ] Regina v Registered Homes Tribunal and Legal Aid Board ex parte Gloria Smillie [1997] EWHC Admin 826 2 Oct 1997 Admn Legal Aid [ Bailii ] Nigel John Vandersteen (Executors of the Estate of Doris Lily Maginnes Deceased) (the Legal Aid Board) v Anthony Agius Peter Healey [1997] EWCA Civ 2503 16 Oct 1997 CA Legal Aid [ Bailii ] Regina v Harlow Justices ex parte Gumble; Admn 21-Oct-1997 - [1997] EWHC Admin 905 Application for Leave To Move for Judicial Review Queen v Legal Aid Area No 3 Appeal Committee ex parte Robert Brain [1997] EWCA Civ 2573 27 Oct 1997 CA Legal Aid [ Bailii ] Regina v Chester and North Wales Legal Aid Area Office Ex Parte Floods of Queensbury Ltd Times, 07 November 1997; [1997] EWHC Admin 883 7 Nov 1997 QBD Legal Aid, Company 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. Legal Aid Act 1974 2(10) - Legal Aid Act 1988 2(10) 1 Citers [ Bailii ] Regina v Liverpool City Magistrates' Court ex parte Gaynor Banwell [1997] EWHC Admin 1014 14 Nov 1997 Admn Legal Aid Criminal Justice Act 1997 91(1) [ Bailii ] Regina v Legal Aid Board ex parte Bibby, C M [1997] EWHC Admin 1064 1 Dec 1997 Admn Legal Aid [ Bailii ] Norglen Ltd (In Liquidation) v Reeds Rains Prudential Ltd and Others; Circuit Systems Ltd (In Liquidation) and Another v Zuken-Redac; HL 1-Dec-1997 - Gazette, 17 December 1997; Times, 01 December 1997; Gazette, 18 February 1998; [1997] 3 WLR 1177; [1997] UKHL 51 Regina v Chester and North Wales Legal Aid Area Office (No 12) ex parte Floods of Queensferry Limited Times, 26 December 1997; Gazette, 28 January 1998; [1997] EWCA Civ 3043 18 Dec 1997 CA Legal Aid, Company 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. Legal Aid Act 1974 2(10) 1 Cites [ Bailii ] |
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