The applicants sought a judicial review after their legal aid certificates were revoked for non-disclosure of various financial receipts. A financial statement prepared on their behalf had suggested substantial capital assets. The relationship between a legally aided person and the Board is one of utmost good faith (Parsons). A legally aided person must notify the Board of a change in circumstances where objectively believes that a change might affect the conditions of his entitlement (Elias). A reduction in income is reportable where the applicant ceases to receive a pass ported benefit. Revocation is a punitive sanction, and should be imposed according to the culpability of any non-disclosure. The decision about cancellation and revocation of a certificate involve the exercise of two discretions. The decision letter had only referred to one. Accordingly the court could not be sure the committee had taken into account the matters it had to, and the decision letter was set aside.
[2001] EWHC Admin 696
Bailii
Civil Legal Aid (General) Regulations 1989, Civil Legal Aid (Assessment of Resources) Regulations 1989
England and Wales
Citing:
Cited – Regina v Legal Aid Board, Ex P Parsons CA 1-Apr-1999
An applicant for legal aid has a duty similar to someone applying for insurance, and must disclose all material facts. The board correctly revoked a certificate, leaving him responsible for all costs. This is an administrative, not a punitive act. . .
Applied – Legal Aid Area No 1 (London) Appeal Committee v ex parte Mccormick Admn 26-May-2000
An assisted person had had his legal aid certificate revoked after failing to disclose to the Legal Aid Board a change in his circumstances. The test of whether a change was material and so should be disclosed was an objective test as to whether the . .
Cited by:
See Also – Regina (on the Application of Bateman) v Legal Services Commission Admn 22-Oct-2001
The court emphasised the need for applicants for judicial review to review the merits of their case . .
Lists of cited by and citing cases may be incomplete.
Legal Aid
Updated: 11 December 2021; Ref: scu.166282