Tag: Legal Aid

Jones, Regina (on The Application of) v Liverpool and Knowsley Magistrates’ Court: Admn 8 Dec 2016

Challenge to the decision of the respondents to proceed with the claimant’s trial without him having been granted legal aid, and in his absence.

Judges:

Treacy LJ, Wilkie J

Citations:

[2016] EWHC 3520 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Legal Aid, Criminal Practice, Magistrates

Updated: 29 January 2022; Ref: scu.573915

Lord Chancellor v Edward Hayes Llp and Another: QBD 1 Feb 2017

The LC appealed against a decision that defendant lawyers should be paid for the inspection of documents supplied to them in digital format.
Held: The appeal failed.

Judges:

Nicola Davies DBE J

Citations:

[2017] EWHC 138 (QB)

Links:

Bailii

Statutes:

Criminal Legal Aid (Remuneration) Regulations 2013

Jurisdiction:

England and Wales

Legal Aid, Costs

Updated: 29 January 2022; Ref: scu.573798

Regina v Legal Aid Board ex parte Gilchrist: QBD 9 Jun 1993

A scheme to use company references for Police Station Own Solicitor duty solicitor work was lawful.

Gazette 09-Jun-1993
England and Wales
Citing:
Appealed to – Regina v Legal Aid Board ex parte Gilchrist CA 8-Mar-1994
A Solicitor giving advice as a Duty Solicitor via a telephone re-routing service was acting in his own right and within the regulations. . .

Cited by:
Appeal from – Regina v Legal Aid Board ex parte Gilchrist CA 8-Mar-1994
A Solicitor giving advice as a Duty Solicitor via a telephone re-routing service was acting in his own right and within the regulations. . .

Lists of cited by and citing cases may be incomplete.

Legal Aid

Updated: 26 January 2022; Ref: scu.87156

PH v AH: FD 9 May 2016

In this action for the return of a child alleged to have been removed to this country, Holman J dicussed the inequality of the availability of legal aid to the parties: ‘Let me say at once that if the mother had been present today, the fact that she has still not obtained legal aid would not weigh with me at all. As I have said in other reported judgments, I personally regard it as grave, if not scandalous, that in applications under the Hague Convention non means tested publicly funded legal aid is automatically made available for applicants, but not for respondents. It is indeed difficult for respondents to obtain legal aid in relation to these cases, and increasingly they appear in person. I regard that as highly undesirable, and indeed a denial of the essential ingredient of a fair trial of equality of arms. But that is the position that has now been reached in this country. It is the policy ultimately of the government, and that being so, it would not have weighed with me that the mother was having to represent herself, if indeed she was present. One simply cannot go on and on and on adjourning applications under the Hague Convention on the off chance that at some later date a respondent parent may obtain some form of legal aid or legal representation.’

Holman J
[2016] EWHC 1131 (Fam)
Bailii
England and Wales
Cited by:
Cited – Re B (Litigants In Person: Timely Service of Documents) FD 30-Sep-2016
Respect for litigants in person – proper service
The court considered the situation where in an international child abduction application, papers were served at the door of the court on a party who was unrepresented, and who had little English.
Held: This was plainly wrong. In such cases it . .

Lists of cited by and citing cases may be incomplete.

Children, Legal Aid

Updated: 16 January 2022; Ref: scu.564507

Public Interest Lawyers Ltd, Regina (on The Application of) v Legal Services Commission: Admn 5 Nov 2010

Application for interim relief and a protective costs order in relation to claims arising out of tendering exercises conducted by the defendant, the Legal Services Commission. These tendering exercises relate to the award of the contracts to provide publicly funded legal services. They relate to contracts for public law work and mental law work in high-security hospitals. The injunction sought would permit the defendant to continue the process of verifying successful bids and hear appeals but prevent the issue of a new contract or ‘new matter starts’ essentially until the outcome of judicial review proceedings.

Cranston J
[2010] EWHC 3259 (Admin)
Bailii
England and Wales

Judicial Review, Legal Aid

Updated: 03 January 2022; Ref: scu.550657

SP, Regina (on The Application of) v The Lord Chancellor: Admn 12 Dec 2013

The claimant sought judicial review of a decision not to give prior approval to the claimant’s solicitors, a well-known firm of immigration lawyers, to instruct Bindmans LLP, another well-known firm of immigration lawyers, to provide ‘expert’ advice on her immigration status, and instead to indicate that the work would be funded in another way and at a different rate.
Held: The court order under which the advice was required referred to the advice of counsel, and the application named the firm and not an individual expert: ‘Providing an expert’s report for the assistance of the court is a personal task: it is the responsibility of a named individual. A firm of solicitors cannot act as an expert: in the same way, if the court orders an expert accountant to provide a report, that report has to be provided by an individual, not by ‘Arthur Anderson’ or ‘Deloittes’.’

Coulson J
[2013] EWHC 4011 (Admin)
Bailii
Legal Aid, Sentencing and Punishment of Offenders Act 2012 32, The Civil Legal Aid (Remuneration) Regulations 2013
England and Wales
Citing:
Cited – King v Brandywine Reinsurance Company CA 10-Mar-2005
Excess of Loss reinsurance. In the civil courts of England and Wales is that (with one obvious exception) expert evidence on the domestic law is inadmissible. . .

Lists of cited by and citing cases may be incomplete.

Legal Aid, Litigation Practice

Updated: 27 November 2021; Ref: scu.519014

Greenough v Ministry of Justice: Admn 11 Sep 2013

Application for permission to continue judicial review proceedings, permission having been refused on the papers.
The challenge is brought by the claimant against a refusal by the Ministry of Justice to authorise exceptional funding, pursuant to section 6(8) subparagraph (b) of the Access to Justice Act 1999 for representation at an inquest into the death of her brother, who it is common ground died in his own home on 8th February 2012, on the day following his discharge from hospital.

Pelling QC HHJ
[2013] EWHC 3112 (Admin)
Bailii
Access to Justice Act 1999 6(8)
England and Wales

Coroners, Legal Aid

Updated: 22 November 2021; Ref: scu.516590

In re Brownlee for Judicial Review: SC 29 Jan 2014

The appellant challenged the course taken in his criminal trial after his legal team had withdrawn citing professional embarassment. No replacement team could be found willing to act in a complicated sentencing matter because of the reduced fixed fee legal aid scheme. He had succeeded at first instance, but the Court of Appeal had held the Rules to be lawful.
Held: The appeal succeeded. The Rules failed to make allowance for the need for legal representatives to be paid for preparatory work in connection with sentencing had not been allowed for. However, sice the Rules had already been amended, the remedy would be by way of a declaration, rather than mandamus.
The Court of appeal had not allowed for the fact that the change of representation was initiated by the legal representatives and not by the appellant.

Lord Neuberger, President, Lord Kerr, Lord Clarke, Lord Reed, Lord Hodge
[2014] UKSC 4, UKSC 2013/0247, [2014] NI 188
Bailii, Bailii Summary, SC Summary, SC
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981
Northern Ireland
Citing:
Appeal from – Brownlee, Re Judicial Review CANI 23-Oct-2013
The applicant had successfully challenged the Legal Aid rules as they applied to his seeking representation on a sentencing issue in the Crown Court which had led to him being unable to find legal representation because of the inadequacy of the fee . .
At First Instance – Brownlee, Re Judicial Review QBNI 20-Mar-2013
The applicant, a convicted prisoner sought a declaration that the respondent’s decision to make no provision for exceptional circumstances in the payment of fees under the 2011 Amendment Rules is unlawful and a declaration that the said Rules . .
Cited – Regina v Rowbotham and others 1988
Ontario Court of Appeal – ‘In our view a trial judge confronted with an exceptional case where legal aid has been refused and who is of the opinion that representation of the accused by counsel is essential to a fair trial may, upon being satisfied . .
Cited – McLean and Another v Buchanan, Procurator Fiscal and Another PC 24-May-2001
(Appeal from High Court of Justiciary (Scotland)) It was not an infringement of a defendant’s right to a fair trial where the costs of defending the case brought against him would be substantial, but where his solicitors would be paid only a small . .
Cited – Cullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland) HL 10-Jul-2003
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
Cited – Regina v Ulcay CACD 19-Oct-2007
The defendant appealed against his conviction, saying that his counsel and solicitors had withdrawn at the last moment on the grounds of professional embarrassment, the defendant having altered his instructions. New lawyers were unwilling to assist . .
Cited – P, Regina v Misc 18-Mar-2008
Crown Court at Harrow – The Court stayed the criminal proceedings because the defendant was unable to retain counsel because of what was said to be a failure to provide adequate legal aid fees in criminal confiscation proceedings. . .
Cited – Pennock and Another v Hodgson CA 27-Jul-2010
In a boundary dispute, the judge had found a boundary, locating it by reference to physical features not mentioned in the unambigous conveyance.
Held: The judge had reiterated but not relied upon the statement as to the subjective views of the . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice, Legal Aid

Updated: 21 November 2021; Ref: scu.521153

T, Regina (on The Application of) v Legal Aid Agency and Others: Admn 26 Apr 2013

In care proceedings, an order had been made for the preparation of an expert report. The legally aided children applied to the defendant for assistance. It allowed a sum less than the minimum figure set by the expert company as a fee for doing the assessment.
Held: The defendant’s decision to refuse prior approval was quashed. The court acknowledged the changes in the rules, and the need for reasons and justification of the decisions requiring such reports, but ‘ Now that the instruction of experts can only follow if a judge so orders because he or she is satisfied and gives reasons for being satisfied that it is necessary it seems to me that the defendant should only refuse to give prior approval if it has very good reasons so to do. While the judge’s decision is not binding, it must carry very considerable weight. If there is good reason to reject it in whole or in part the defendant should engage with the court. This can I suspect be dealt with in many cases in writing. If the judge, having considered the defendant’s representations, maintains his or her decision it is difficult to see how a continued refusal to give effect to it could be other than unreasonable. ‘

Collins J
[2013] EWHC 960 (Admin)
Bailii
England and Wales
Citing:
Cited – DS and Others (Children) FD 31-May-2012
The court gave guidance on legal aid arrangement for the funding of supporting expert evidence in care applications.
Held: The court gave the following guidance: ‘i) The words ‘the cost thereof is deemed to be a necessary and proper . .
Cited – Regina (H) v Ashworth Hospital Authority and Others, Regina (Ashworth Hospital Authority) v Mental Health Review Tribunal for West Midlands and North West Region and Others CA 28-Jun-2002
The patient was detained under the Act. The Mental Health Tribunal decided he should be released. The hospital disagreed. The patient continued to reside to the Hospital voluntarily, but the hospital viewed the decision to release him as . .

Lists of cited by and citing cases may be incomplete.

Legal Aid

Updated: 11 November 2021; Ref: scu.473001

Leeds City Council v Price and Others: QBD 4 Apr 2011

The council had successfully defended a case brought by the defendant under legal aid. The parties now disputed whether it could recover the costs from the Legal Service Commission. The LSC answered that it had not been given proper notice of the costs application and was not bound by it.
Held: The order for payment of the costs was revoked. But for the various Regulations, there was no power to recover costs from the LSC. The purported notice given by the Council was out of time and did not meet th enecessary requirements. The Order for payment obtained by the Council from the court ‘ was obtained as a result of a without notice application which did not contain full and frank disclosure by the Council of the dispute between the Council and the LSC. ‘

Behrens J
[2011] EWHC 849 (QB)
Bailii
Access to Justice Act 1999 11, Community Legal Service (Costs Protection) Regulations 2000 5, Community Legal Service (Costs) Regulations 2000 9
England and Wales
Citing:
Cited – Regina (Gunn) v Secretary of State for the Home Department Regina (Kelly) v Same Regina (Zahid Khan) v Same CA 14-Jun-2001
The new Regulations and court rules expressly reserved to a costs judge the decision about whether a costs order should be made against the Legal Services Commission. The former practice of the trial judge making this decision must no longer apply. . .

Lists of cited by and citing cases may be incomplete.

Legal Aid, Costs

Updated: 02 November 2021; Ref: scu.431737

Director of Legal Aid Casework and Others v Briggs: CA 31 Jul 2017

Orse In re Briggs (Incapacitated Person)
Sir Brian Leveson P, King , Burnett LJJ
[2017] EWCA Civ 1169, [2017] WLR(D) 535, (2017) 158 BMLR 88, [2018] 2 All ER 990, [2018] 2 WLR 152, [2017] COPLR 370, [2017] CP Rep 45, , [2018] Fam 63
Bailii, WLRD
Mental Capacity Act 2005
England and Wales
Citing:
Appeal from – Briggs v Briggs and Others (EWCOP 48) CoP 24-Nov-2016
The Court considered whether the disagreement about whether it was in the best interests of Mr B for him to be given clinically assisted nutrition and hydration, was one which could be determined . .

Cited by:
Cited – An NHS Trust and Others v Y and Another SC 30-Jul-2018
The court was asked whether a court order must always be obtained before clinically assisted nutrition and hydration, which is keeping alive a person with a prolonged disorder of consciousness, can be withdrawn, or whether, in some circumstances, . .

Lists of cited by and citing cases may be incomplete.
Updated: 01 September 2021; Ref: scu.591676

Regina v Ashgar Khan; 10 Jul 2001

References: Unreported, 10 July 2001
Coram: Judge Wakerley QC
Ratio Judge Wakerley QC expressed his concern at the numbers of applications for transfer of representation in the Crown Court. The court has a duty to bear in mind the cost to the taxpayer and that, as a result, good reason must be established before a representation order was transferred. He emphasised that the court will insist on strict compliance with the provisions of Regulation 16 which meant that the grounds of the application and full particulars need to be specified by the existing representative.
He observed: ‘This court will insist on strict compliance with the provisions of Regulation 16 . . The grounds of the application and full particulars need to be specified by the existing representatives. Next, the substantial compelling reason under subparagraph 2(4), if relied on, needs to be specified so that I can identify it. It will not generally be sufficient to allege a lack of care or competence of existing representatives . . only in extremely rare cases, and where full particulars are given in the application, will a general ground of loss of confidence or incompetence be entertained. It must further be pointed out that it will not be sufficient simply to say that there is a breakdown in the relationship between solicitor and client. Many breakdowns are imagined rather than real or as a result of proper advice’
Statutes: Criminal Defence Service (General)(No.2) Regulations 2001 16
This case is cited by:

  • Approved – Regina -v- Ulcay QBD (Bailii, [2007] EWCA Crim 2379, Times 07-Nov-07, [2008] 1 WLR 1209, [2008] 1 All ER 547)
    The defendant appealed against his conviction, saying that his counsel and solicitors had withdrawn at the last moment on the grounds of professional embarassment, the defendant having altered his instructions. New lawyers were unwilling to assist . .
  • Approved – Clive Rees Associates, Solicitors, Regina (on The Application of) -v- Swansea Magistrates Court and Another Admn (Bailii, [2011] EWHC 3155 (Admin))
    The claimant solicitors challenged a decision of the respondents to transfer legal aid orders for the representation of clients to a second frm of solicitors.
    Held: The court considered the various cases, finding three decisions unlawful and . .

(This list may be incomplete)

Last Update: 20-May-16
Ref: 449711

Regina v Dadshani; 8 Feb 2008

References: 2008 CanLII 4266 (ON SC)
Links: Canlii
Coram: C McKinnon J
Ontario – Superior Court of Justice – proceeding in the nature of a Rowbotham or Fisher application to secure state funding for the defences of the accused who are facing charges of first degree murder.
This case cites:

  • Cited – Regina -v- Rowbotham and others ((1988) 41 CCC,(3d) 1)
    Ontario Court of Appeal – ‘In our view a trial judge confronted with an exceptional case where legal aid has been refused and who is of the opinion that representation of the accused by counsel is essential to a fair trial may, upon being satisfied . .

This case is cited by:

  • Cited – P, Regina -v- Misc (Bailii, [2008] EW Misc 2 (EWCC))
    Crown Court at Harrow – The Court stayed the criminal proceedings because the defendant was unable to retain counsel because of what was said to be a failure to provide adequate legal aid fees in criminal confiscation proceedings. . .