Legal Aid System in UK Law

Leading Cases
  • R v Derby Magistrates' Court, ex parte B
    • House of Lords
    • 22 Jun 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 Jul 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.

  • Waddon v Whitecroft Scovell Ltd
    • House of Lords
    • 11 Feb 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 Mar 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.

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

  • Symphony Group Plc v Hodgson
    • Court of Appeal (Civil Division)
    • 28 Apr 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. This departure from basic principles can only be justified if the connection of the non-party with the original proceedings was so close that he will not suffer any injustice by allowing this exception to the general rule.

  • R v Medway
    • Court of Appeal (Criminal Division)
    • 06 Nov 1975

    We are satisfied and hold that there is no such jurisdiction In our judgment the kernel of what has been described as the "nullity test" is that the Court is satisfied that the abandonment was not the result of a deliberate and informed decision, in other words that the mind of the applicant did not go with his act of abandonment.

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Legislation
  • Child Abduction and Custody Act 1985
    • UK Non-devolved
    • January 01, 1985
    ...... except so far as they fall to be so borne by virtue of the grant of legal aid or legal advice and assistance under Part I of the  Legal Aid Act ... 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 ......
  • Access to Justice Act 1999
    • UK Non-devolved
    • January 01, 1999
    ...... An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence ...(a) the provision of general information about the law and legal. system and the availability of legal services,. . . (b) the provision of help ......
  • Scottish Civil Justice Council and Criminal Legal Assistance Act 2013
    • Scotland
    • January 01, 2013
    ...... S-2 . Functions of the Council 2 Functions of the Council . (1) The functions of the Council are-. . . (a) to keep the civil justice system under review,. . . (b) to review the practice and procedure followed in proceedings in the Court of Session and in civil proceedings in the sheriff ......
  • The Social Security (Personal Independence Payment) Regulations 2013
    • UK Non-devolved
    • January 01, 2013
    ...... a genuine and sufficient link to the United Kingdom social security system. S-23 . Persons residing in an EEA state other than the United Kingdom or ... (a) (a) C is undergoing imprisonment or detention in legal custody outside Great Britain; and . (b) (b) in similar circumstances in ......
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Books & Journal Articles
  • Legal Aid in the Eye of a Storm: Rationing, Contracting, and a New Institutionalism
    • Nbr. 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 ......
  • Effective Participation of Mentally Vulnerable Defendants in the Magistrates’ Courts in England and Wales—The ‘Front Line’ from a Legal Perspective
    • Nbr. 85-1, February 2021
    • Journal of Criminal Law, The
    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 of legal professionals on the ‘front line’, it is clear that improvements in policy are of greater importance than legal reform ......
  • International Cooperation between Investigation Authorities and Public Prosecutors
    • Nbr. 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
    • Nbr. 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
  • 'It's Legal Aid, Jim, But Not As We Know It.'
    • Mondaq United Kingdom
    ...... By any measure this will be an extraordinary challenge to a legal aid system that has successfully protected the rights of tens of millions of people over the past 60 years. Yet, as against the projected impact of the ......
  • Criminal Assistance: Applying EU Public Procurement Rules To English Criminal Legal Aid
    • Mondaq United Kingdom
    ...... introduce best value tendering (BVT) for criminal defence. services. In constructing this new system, the LSC needs to. take into account the rules and principles of EU public. procurement and, in particular, the application of the Treaty. ......
  • Rt. Hon. Kenneth Clarke MP Raises Concerns About European Contract Law
    • Mondaq United Kingdom
    ...... pleasure to see before me today the leading figures in UK commercial legal services and share with you my views on the future of litigation. We ... The second area is modernising the justice system. One lesson from my long and much reshuffled career is that it is ......
  • Do You Really Want To (Or Have To) Go To Court?
    • Mondaq UK
    ...... The Court system. The courts are underfunded, understaffed and overworked. Litigants in erson have tied up the court system since the removal of Legal Aid for nearly all types of family work. This means that you are likely to ......
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