LAB had the power to give prior authorisation to allow payment of travel expenses of assisted person to visit expert to assist in preparation of expert report where assisted person unable to afford travel. Citations: Times 06-May-1998 Statutes: Civil Legal Aid (General) Regulations 1989 (SI 1989 No 339) Legal Aid Updated: 10 April 2022; Ref: … Continue reading Regina v Legal Aid Board No 15 Area (Merseyside), Ex Parte European Community: QBD 6 May 1998
LAB had the power to give prior authorisation to allow payment of travel expenses of assisted person to visit expert to assist in preparation of expert report where assisted person unable to afford travel. Citations: Gazette 20-May-1998 Statutes: Civil Legal Aid (General) Regulations 1989 (SI 1989 No 339) Legal Aid Updated: 09 April 2022; Ref: … Continue reading Regina v Legal Aid Board No 15 Area (Merseyside), ex parte Eccleston: QBD 20 May 1998
The claimant sought to recover overpayments said to have been made to the defendant barrister in the early 1990s. Interim payments on account had been made, but these were not followed by final accounts. The defendant, now retired, said that the claims were defeated by limitation and laches and were an abuse of process because … Continue reading Legal Services Commission v Henthorn: QBD 4 Feb 2011
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 … Continue reading Regina (Bateman and Bateman) v Legal Services Commission: Admn 10 Sep 2001
The claimant challenged by judicial review the discharge of a legal aid certificate in educational negligence proceedings.
Held: A final decision to revoke a legal aid certificate may be challenged by judicial review. . .
The claimant appealed against an insolvency order made against him after being ordered to pay the costs of a legally aided party in a court action. . .
The Commission sought to recover what it said were payments made on account to the respondent barrister, but only after many years had passed. The Commission argued that time only began to run once it requested repayment.
Held: The appeal . .
The defendant had in 1993 obtained legal aid. Work was done but the certificate was then revoked. The Commission sought repayment of the sums paid on account to his solicitors. He replied that the claim was out of time. The Commission argued that . .
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 Legal Aid Board having issued an amendment to an authority under a certificate to reflect the application made, but where the certificate failed to reflect the intended scope of the authority, the Board could later amend the certificate to cover . .
An assisted person who needed funds in order to travel to a medical examination should have his expenses re-imbursed by the Legal Aid Board. What was recoverable on taxation inter partes was not the correct test and did not follow the Regulation . .
Once a legal aid certificate is revoked the party is deemed by statute never to have had the benefit of a legal aid certificate. The rules relating to assessment of costs which applied when a party had legal aid did not therefore apply. An order however which has once been made cannot be varied subsequently … Continue reading Deg-Deutsche Investitions Und Entwicklungsgesellschaft Mbh v Koshy and Others: ChD 13 Jan 2000
Legal Aid Regulations providing that a legally aided defendant could in some circumstances be ordered to pay the costs of a prosecution after a contempt and on an indemnity basis were not invalid. An award of a gross sum in lieu of part costs was not proper. Citations: Times 15-Mar-1999 Statutes: Civil Legal Aid (General) … Continue reading Microsoft Corporation v Backslash Distribution Ltd et Al: ChD 15 Mar 1999
Defendant barrister and solicitors applied to have the claims against them for professional negligence struck out. They had advised on a settlement of a dispute, which settlement the claimant now said was negligently wrong. Held: The advice given that the claimant’s argument would fail was correct. Nor did the claimant have any real prospect of … Continue reading Webb v Macdonald and Another: ChD 29 Jan 2010
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 . .
A solicitor claimed the sum of andpound;59.00 for the cost of preparing his legal aid bill for assessment. The court had disallowed the costs of an in-house costs draftsman preparing the bill. The Costs Procedure Rules would generally allow . .
The Act and Regulations prescribe different tests for when someone is deemed to cease to be legally assisted. The two are trying to do slightly different things, and the Regulations are not intended to over-rule the Act. The Act prevails, and the . .
A party was legally aided in proceedings. A third party offered to pay his costs in interlocutory proceedings. He was successful, and the losing party appealed an order to pay his costs. He succeeded. Whilst he was legally aided, his solicitors . .
The effect of revocation of a party’s emergency civil legal aid certificate was that he was to be deemed never to have been an assisted person. Accordingly where two costs orders had been made in interlocutory proceedings, and the defendant had been . .
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