The applicant sought a judicial review of the Commission’s refusal of his appeal against the refusal to remove a restriction on his legal aid certificate. The request had been refused on the merits after applying a cost benefit analysis, and he challenged the fairness of the procedure adopted on his appeal. He said that a substantial part of the costs already incurred had been so incurred because of the failings of his first solicitors.
Held: The Commission had assessed the likely cost of the case, and made a decision within their discretion. At the appeal hearing he had not been given warning of the nature of the questions he would be asked to answer. The court held he could be expected to have provided all the information in his possession, and the procedure had not been unfair. The cost/benefit test was not ultra vires, and the application failed.
Judges:
Mr Justice Hooper
Citations:
[2002] EWHC 5 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Legal Aid
Updated: 23 May 2022; Ref: scu.168019