Legal Aid Administration in UK Law

Leading Cases
  • Mills v Mills
    • Court of Appeal
    • 07 March 1963

    Subsection(2) reads as follows: "Where a person receives legal aid in connection with any proceedings" - I am afraid I must read all the paragraphs - (a) "the expenses incurred in connection with the proceedings, so far as they would ordinarily be paid is the first instance by or on behalf of the solicitor acting for him, shall be so paid except in the case of those paid direct from the legal aid fund as provided by this Part of this Act; (b)his solicitor and counsel shall not take any payment in respectof the legal aid except such payment as is directed by this Part of this Act to be made out of the legal aid fund; (c) he may be required to make a contribution to the legal aid fund in respect of the sums payable thereout on his account;(d) any sums recovered by virtue of an order or agreement for costs made in his favour with respect to the proceedings shall be paid to the legal aid fund; (e)" - which is the paragraph relied on by the husband here - "his liability by virtue of an order for costs made against him with respect to the proceedings shall not exceed the amount (if any) which is a reasonable one for him to pay having regard to all the circumstances, including the means of all the parties and their conduct in connection with the dispute."

    It was limited to such proceedings as dealt with her prayer for alimony and maintenance. Then does the wording of Section 2(2)of the 1949 Act require, nevertheless, that the Appellant shall be treated as legally aided in respect of both proceedings?This result will not follow unless the word "proceedings" in Section 2 (2) must refer, and refer only, to the totality of the proceedings.

  • Yorke (M.v) Motors v Edwards
    • House of Lords
    • 25 March 1982

    My Lords, in the Court of Appeal, it was conceded by counsel for Mr. Yorke, and Brandon L.J. in his judgment accepted the concession as correct, that if the sum ordered to be paid as a condition of granting leave to defend is one which the defendant would never be able to pay, then that would be a wrongful exercise of discretion, because it would be tantamount to giving judgment for the plaintiff notwithstanding the court's opinion that there was an issue or question in dispute which ought to be tried.

  • R v Stratford-on-Avon District Council, ex parte Jackson
    • Court of Appeal (Civil Division)
    • 08 October 1985

    The court therefore still retains a discretion to refuse to grant leave for the making of the application or the relief sought on the substantive application on the grounds of undue delay, if it considers that the granting of the relief sought would be likely to cause substantial hardship to, or substantially, prejudice the rights of, any person or would be detrimental to good administration.

  • Martin v Martin
    • Court of Appeal (Civil Division)
    • 14 June 1976

    Such conduct must be taken into account, because a spouse cannot be allowed to fritter away the assets by extravagant living or reckless speculation, and then to claim as great a share of what was left as he would have been entitled to if he had behaved reasonably.

  • Sinclair-Jones v Kay
    • Court of Appeal (Civil Division)
    • 30 March 1988

    The present Order 62 Rule 11 refers to costs incurred unreasonably or improperly or wasted by the failure to conduct proceedings with reasonable competence and expedition. What is unreasonable or reasonable, as the case may be, must depend upon the circumstances of each case, and I have no doubt that courts will bear in mind the difficulties inherent in conducting litigation and on occasions in keeping to the relevant time limits.

  • L v L (Legal Aid Taxation)
    • Court of Appeal (Civil Division)
    • 24 January 1996

    The task of the taxing officer under Order 62 rule 12 is to allow We are not concerned with the first matter, as there is no dispute before us as to whether any particular work carried out should or should not have been carried out nor whether it should have been carried out by a partner or some other employee. The only issue before us is whether the reasonable amount should be calculated using as the part A figure £45 per hour for a partner and £30 per hour for a legal executive.

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  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • UK Non-devolved
    • January 01, 2012
  • Criminal Justice Act 1967
    • UK Non-devolved
    • January 01, 1967
    ... ... unlawfully at large; to make further provision with respect to legal aid and advice in criminal proceedings; to amend the law relating to ... Annotations: Amendments (Textual) # F33 S. 46 repealed by Administration of Justice Act 1970 (c. 31), Sch. 11 ... 47: ... ...
  • Access to Justice Act 1999
    • UK Non-devolved
    • January 01, 1999
    ... ... Access to Justice Act 19991999 c. 22An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence ... as to costs) as it thinks fit.(4) Except as provided by the Administration of Justice Act 1960 (right of appeal to House of Lords in criminal cases) ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... section 2 was amended by section 19 of the Criminal Justice Administration Act 1956 (c. 34) and sections 56 and 109 of, and paragraph 67 of Schedule ... # F13 2003 c. 44; section 174 was substituted by section 64 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). # F14 1980 ... ...
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Books & Journal Articles
  • Managing the renewal process: The case of Vietnam
    • No. 13-4, October 1993
    • Public Administration and Development
    This article reviews the management of Vietnam's renewal process from the viewpoint of understanding the structure of the economy. It argues that, in terms of population, income and welfare, Vietna...
    ... ... PUBLIC ADMINISTRATION AND DEVELOPMENT, VOL. 13,435451 (1993) Managing the renewal ... areas where international assistance may be relevant: the legal and institutional framework for the market economy, reform of ... ...
  • Recommended Best Practices
    • Bringing Justice Home. The Road to Final Appellate and Regional Court Establishment
    • Cheryl Thompson-Barrow
    • 51-67
    Appellate jurisdiction General recommendations Judicial appointments Library and research facilities Amicus curiae Translation and interpretation services Adequate security Specific recommendations...
    ... ... facilities, while simultaneously granting future members of the legal profession an opportunity to make a contribution and become familiar with ... and other key actors is thus critical for the efficient administration of a court. Different practices prevail in the various jurisdictions of ... ...
  • The Swedish Legal Services Policy Remix: The Shift from Public Legal Aid to Private Legal Expense Insurance
    • No. 30-1, March 2003
    • Journal of Law and Society
    A number of governments in the 1960s and 1970s pursued the goal of equal access to legal services by establishing publicly funded legal aid schemes. Some societies also promoted Legal Expense Insur...
    ... ... 5001, Australia This paper is in part based on interviews conducted with a number of Swedish colleagues in justice and legal aid administration, the Swedish Bar Association, the private insurance industry, and academics in November/December 2001. The research was made possible due to a ... ...
  • The failure of success and the success of failure: The Youth Polytechnic Programme in Kenya
    • No. 10-2, April 1990
    • Public Administration and Development
    Despite its successful expansion over the past two decades, Kenya's Youth Polytechnic Programme1 is widely regarded as having failed to achieve its original objectives. The programme was supposed t...
    ... ... PUBLIC ADMINISTRATION AND DEVELOPMENT, Vol. 10,179-198 (1990) The failure of success and ... upon which the programme was launched, the deficiencies in legal struc- ture, the resource overload, and the socio-economic and ... ...
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Law Firm Commentaries
  • 'It's Legal Aid, Jim, But Not As We Know It.'
    • Mondaq United Kingdom
    ... ... have provided a convenient sound bite but the truth is that this is a sum that could have been covered by improved efficiencies in the administration of legal aid. Instead it is apparently preferable to compel these clients to the improbable panacea of three hours of mediation to resolve their ... ...
  • One Strike And You’re Out
    • Mondaq United Kingdom
    ... ... constraints resulting in the numbers of Family Court administration staff being slashed and the removal of legal aid (so many more people are ... ...
  • Antitrust In The Downturn
    • Mondaq United Kingdom
    ... ... implications of what may be more permissive legal precedents in ... relation to potentially anti-competitive practices and ... during the Bush Administration. Others, however, presented direct ... horizontal combinations (eg Wells ... ...
  • State Aid And Public Procurement
    • Mondaq United Kingdom
    ...State aid and public procurement are legal subjects deriving from the law of the European Union ("EU"). Both regimes ... It might even be the national administration of EU structural funds. In a development project, the benefit might ... ...
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