Legal Aid System in UK Law

Leading Cases
  • R v Derby Magistrates' Court, ex parte B
    • House of Lords
    • 22 June 1995

    It is a fundamental condition on which the administration of justice as a whole rests. It is a fundamental condition on which the administration of justice as a whole rests. Legal professional privilege is thus much more than an ordinary rule of evidence, limited in its application to the facts of a particular case. Legal professional privilege is thus much more than an ordinary rule of evidence, limited in its application to the facts of a particular case.

  • Connelly v RTZ Corporation Plc and Another
    • House of Lords
    • 24 July 1997

    I therefore start from the position that, at least as a general rule, the court will not refuse to grant a stay simply because the plaintiff has shown that no financial assistance, for example in the form of legal aid, will be available to him in the appropriate forum, whereas such financial assistance will be available to him in England. Many smaller jurisdictions cannot afford a system of legal aid.

  • Waddon v Whitecroft Scovell Ltd
    • House of Lords
    • 11 February 1988

    If, however, those who made them intended to lay down as a general proposition of law that, in deciding whether there is good reason for extending the validity of a writ, delays caused by the operation of the legal aid system should never be taken into account, I am unable to agree with such a proposition. Such delays occur and where they do it would be unrealistic to disregard their effect.

  • Balabel v Air India
    • Court of Appeal (Civil Division)
    • 16 March 1988

    Where information is passed by the solicitor or client to the other as part of the continuum aimed at keeping both informed so that advice may be sought and given as required, privilege will attach. Moreover, legal advice is not confined to telling the client the law; it must include advice as to what should prudently and sensibly be done in the relevant legal context.

  • Symphony Group Plc v Hodgson
    • Court of Appeal (Civil Division)
    • 28 April 1993

    6) The procedure for the determination of costs is a summary procedure, not necessarily subject to all the rules that would apply in an action. Thus, subject to any relevant statutory exceptions, judicial findings are inadmissible as evidence of the facts upon which they were based in proceedings between one of the parties to the original proceedings and a stranger —see Hollington v. Hewthorn & Co. Ltd.

  • Three Rivers District Council and Others v Governor and Company of the Bank of England (No 9)
    • House of Lords
    • 11 November 2004

    In cases of doubt the judge called upon to make the decision should ask whether the advice relates to the rights, liabilities, obligations or remedies of the client either under private law or under public law. Is the occasion on which the communication takes place and is the purpose for which it takes place such as to make it reasonable to expect the privilege to apply?

    It was stressed by Wigmore (Evidence, vol 8, para 2291 McNaughton rev. 1961), who expressed the opinion that the privilege should be strictly confined within the narrowest possible limits consistent with the logic of its principle, an approach echoed in the speech of Lord Edmund-Davies in Waugh v British Railways Board [1980] AC 521 at 543.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (i) has been given an opportunity to take legal advice, or ... (ii) has indicated that the accused does not wish to take ... (d) disruption of a system of communication; ... (e) disruption of facilities for transport; or ... ...
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... , not having an industrial or commercial character;(b) they have legal personality; and(c) they have any of the following characteristics:—(i) ... , means a disabled person who is a worker;“dynamic purchasing system” means the system referred to in regulation 34;“economic operator” ... ...
  • Child Abduction and Custody Act 1985
    • UK Non-devolved
    • January 01, 1985
    ... ... (a) the provision of any civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and ... proceedings, except insofar as those costs may be covered by its system of legal aid and advice.Upon ordering the return of a child or issuing an ... ...
  • Modern Slavery Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... 2015/1476, reg. 2(e) (with regs. 3, 6, 8) ... 47: Civil legal aid for victims of slavery ... (1) Schedule 1 to the Legal Aid, ... /570) (offences relating to Channel Tunnel trains and the tunnel system) ... Annotations: Commencement Information # I80 Sch. 4 para. 26 in ... ...
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Books & Journal Articles
  • Effective Participation of Mentally Vulnerable Defendants in the Magistrates’ Courts in England and Wales—The ‘Front Line’ from a Legal Perspective
    • No. 85-1, February 2021
    • Journal of Criminal Law, The
    • 0000
    Mentally vulnerable defendants who struggle to effectively participate in their trial in the magistrates’ courts are not receiving the same protection as those who stand trial in the Crown Court. T...
    ... ... On closer examination of the law, the legal aid system and perspectives oflegal professionals on the front line, it is clear that improvements in policy are of greaterimportance than legal reform and are ... ...
  • Legal Aid in the Eye of a Storm: Rationing, Contracting, and a New Institutionalism
    • No. 25-3, September 1998
    • Journal of Law and Society
    This article discusses possible rationales underlying a legal aid system through an articulation of theories of distribution in the legal services market, considers the idea of prioritization and p...
    ... ... This article discusses possible rationales underlying a legal aid system through an articulation of theories of distribution in the legal services market, considers the idea of prioritization and planning or, in the ... ...
  • International Cooperation between Investigation Authorities and Public Prosecutors
    • No. 1-2, February 1993
    • Journal of Financial Crime
    • 156-168
    This paper discusses international regulations in criminal law. Several definitions of ‘limited legal aid’ are considered. The system of the various criminal treaties, together with their additiona...
    ... ... He is also co-author of a software packet (expert system) on the investigation of social security fraud. Mr Koers also teaches ... Several definitions of 'limited legal aid' are considered. The system of the various criminal treaties, together ... ...
  • The Contingency Legal Aid Fund: A Third Way to Finance Personal Injury Litigation
    • No. 30-1, March 2003
    • Journal of Law and Society
    Northern Ireland missed out on all the major reforms to civil justice which took place in England and Wales during the 1980s and 1990s. However the reform movement is now gathering pace and a Legal...
    ... ... fee agreements (CFAs) but widespread hostility expressed by many interested parties led to the consideration of an alternative funding system, the Contingency Legal Aid Fund (CLAF). The relative merits of CFAs and CLAF are considered in the following pages. INTRODUCTION Legal aid in ... ...
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Law Firm Commentaries
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Forms
  • Appeal a visa or immigration decision (within the UK)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Tribunal forms including the form to appeal a visa or immigration decision.
    ... ... 3. You receive Legal Aid ... 4. You are the person (or someone with parental responsibility for ... assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/ ... file/868037/ex160-eng.pdf ... You can also ... ...
  • Appeal a visa decision from outside the UK (ECO)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Tribunal forms including the form to appeal a visa or immigration decision.
    ... ... your appeal is of a type exempt from payment, you are in receipt of Legal Aid or Asylum Support or support under ... Section 17 of the Children’s ... Is your refusal on a points based system ... b. Post reference number ... Name of decision making post ... d ... ...
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    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... and other professional advisers or, in Scotland, under the legal aid scheme, ... may be able to help you prepare your case ... If your ... about tribunal publications and explain how the tribunal system works ... They may be able to help you fill in the form but they cannot ... ...
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