The applicant was legally aided under a full certificate. He wished to continue an action despite his solicitors and counsel advising him to accept a settlement offered. The Respondent wished to consider revocation of the certificate, and instructed the solicitors to cease work until a decision had been made. This was a day or so before the trial was listed.
Held: The Commission had no power to make such a request in this way. They had acted in a procedurally unfair way to the applicant.
Judges:
Lord Justice Simon Brown, Lord Justice Waller and Lord Justice Sedley
Citations:
Times 15-Jan-2002, Gazette 27-Feb-2002, [2001] EWCA Civ 2010, [2002] 1 WLR 983
Links:
Statutes:
Civil Legal Aid (General) Regulations 1989 (SI 1989 No 339), Legal Aid Act 1988 4
Jurisdiction:
England and Wales
Administrative, Legal Aid
Updated: 05 June 2022; Ref: scu.167405