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: 2004 To: 2004
This page lists 15 cases, and was prepared on 02 April 2018.
Ram, Regina (on the Application Of) v Parole Board [2004] EWHC 1 (Admin)
12 Jan 2004
Admn
Crane J
Damages, Legal Aid
The claimant had won an action for damages against the respondent. He was however released on licence, and subsequently became unlawfully at large. The question was whether the damages continued to be payable to him. The defendant insisted that the sum could only be paid personally, which would allow his arrest. The legal aid provisions require damages to be paid through the solicitors, so as to allow enforcement of the statutory charge. Held: At the time of the award, the claimant was lawfully at large. As to the application for leave to appeal, it could not be said that the claimant's recall was not foreseeable, and therefore the conditions in Barder were not fulfilled. On the other hand specific performance as requested by the claimant was not available against the Crown under the 1947 Act save by discretion. That discretion could be exercised here to disallow any payment getting to the claimant whilst he was unlawfully at large.
Access to Justice Act 1999 10(7) - Community Legal Service (Costs) Regulations 2000 18 - Crown Proceedings Act 1947 25
1 Cites
[ Bailii ]
Evans, Regina (on the Application of) v Chester Magistrates Court [2004] EWHC 536 (Admin)
15 Mar 2004
Admn
Magistrates, Legal Aid
[ Bailii ]
Turvill and Another v Legal Services Commission [2004] EWCA Civ 457
24 Mar 2004
CA
Legal Aid
Statutory Charge enforcement
Legal Aid Act 1988 16(6)
[ Bailii ]
The Scottish Legal Aid Board v Shields; OHCS 26-Mar-2004 - [2004] ScotCS 79
Edwards, Regina (on the Application Of) v Environment Agency and Another; Admn 2-Apr-2004 - [2004] EWHC 736 (Admin)
Hemsworth, Re an Application for Judicial Review; QBNI 26-Apr-2004 - [2004] NIQB 26
Ganafa, Regina (on the Application Of) v Immigration Appeal Tribunal [2004] EWHC 1129 (Admin)
28 Apr 2004
Admn
Legal Professions, Legal Aid
[ Bailii ]
Challender and Another, Regina (on the Application Of) v Legal Services Commission [2004] EWHC 925 (Admin)
29 Apr 2004
Admn
Legal Aid
1 Citers
[ Bailii ]
Regina on the Application of Jane Challender, Paulette Morris v the Legal Services Commission [2004] EWHC 925 (Admin)
29 Apr 2004
Admn
Mr Justice Richards
Coroners, Legal Aid
1 Cites
Gareth Pearce v Ove Arup Partnership Ltd etc [2004] EWHC 1531 (Ch); Times, 26 August 2004; [2006] 1 WLR 18; [2004] 4 Costs LR 631
29 Jun 2004
ChD
The Honourable Mr Justice Peter Smith Costs Judge Wright Mr Peter Todd
Legal Aid
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.
Civil Legal Aid (General) Regulations 1989 46(3)
[ Bailii ]
Asghar, Mughal, Asghar and Co (A Firm) v The Legal Services Commission, the Law Society [2004] EWHC 1803 (Ch); Times, 05 August 2004
22 Jul 2004
ChD
The Hon Mr Justice Lightman
Legal Professions, Legal Aid, Arbitration
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.
Arbitration Act 1996 6
1 Citers
[ Bailii ]
Sayers and Other v Smithkline Beecham plc and others Times, 22 October 2004
30 Jul 2004
QBD
Keith J
Litigation Practice, Legal Aid
In group litigation in respect of the MMR vaccinne, certain lead claimants had had their legal aid withdrawn. Held: They would be allowed to withdraw from the action and would not require the permission of the court.
Sonia Burkett, Regina (on the Application of) v London Borough of Hammersmith and Fulham [2004] EWCA Civ 1342; Times, 20 October 2004
15 Oct 2004
CA
Lord Justice Brooke Lord Justice Buxton Lord Justice Carnwath The Vice President Of The Court Of Appeal (Civil Division)
Costs, Legal Aid
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 two regimes differed as to the limits applied to sums recoverable from the Legal Service Commission. The judge made an order for assessment of the council's costs of the substantive hearing and directed that they should be set off against the claimant's costs of the permission application. Held: The appeal was not to be allowed, and the authority could set off its claim. Though an order had been made in favour of the claimant at one stage, the defendants could set off the later order. The result was noted by the court as disturbing because of the adverse effect it might have on an already unprofitable area of practice.
Community Legal Services (Costs) Regulations 2000
1 Cites
1 Citers
[ Bailii ]
DN (By her Father and Litigation Friend RN) v London Borough of Greenwich [2004] EWCA Civ 1659; Times, 23 December 2004
8 Dec 2004
CA
Lord Justice Brooke Sir Martin Nourse Lord Justice May The Vice President Of The Court Of Appeal (Civil Division)
Education, Negligence, Legal Aid
The defendant sought to appeal her case. Held: There were serious deficiencies in the way her case had been prepared as a result of severe limitations on the public funding available to conduct the case. The trial process could not in this case be seen as satisfactory.
[ Bailii ]
SJ v Ofsted [2004] EWCST 0344(EY)
22 Dec 2004
CST
Health Professions, Legal Aid
The respondent had refused the applicant a registration as a child minder. She appealed but had to ask for adjournment to find public funding to assist her in making the application. Legal Aid not being generally available, the adjournment was refused. The registration was on the basis that she had persisted in asserting that her children had been sexually abused by their father despite court findings that this was not the case, and that her persistence had itself caused emotional harm to her children. Held: "On the basis of the Applicant's own witness statement we know that two of her children have been removed from her care, she continues to believe that Mr P sexually abused her daughter, the Judgments of the Court make clear that she was responsible for abusing emotionally her children, she has suffered a breakdown in her health as recently as 2001 and as a result had to leave work. We believe that all this information points in one direction only, namely her unsuitability to look after, as a registered childminder, children under the age of eight. We dismiss the appeal. "
Children Act 1989 79M
1 Cites
[ Bailii ]