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
Access to Justice Act 1999 1, Senior Courts Act 1981 31(6)
England and Wales
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