Access to Justice in UK Law
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Dymocks Franchise Systems (NSW) Pty Ltd v Todd
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) Where, however, the non-party not merely funds the proceedings but substantially also controls or at any rate is to benefit from them, justice will ordinarily require that, if the proceedings fail, he will pay the successful party's costs. The non-party in these cases is not so much facilitating access to justice by the party funded as himself gaining access to justice for his own purposes.
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Arkin v Borchard Lines Ltd and Others (Nos 2 and 3)
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Somehow or other a just solution must be devised whereby on the one hand a successful opponent is not denied all his costs while on the other hand commercial funders who provide help to those seeking access to justice which they could not otherwise afford are not deterred by the fear of disproportionate costs consequences if the litigation they are supporting does not succeed.
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Callery v Gray (Nos 1 and 2)
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A second aim was to improve access to the courts for members of the public with meritorious claims. It was appreciated that the risk of incurring substantial liabilities in costs is a powerful disincentive to all but the very rich from becoming involved in litigation, and it was therefore hoped that the new arrangements would enable claimants to protect themselves against liability for paying costs either to those acting for them or (if they chose) to those on the other side.
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R v Secretary of State for the Home Department, ex parte Simms
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Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual.
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R (Nadezda Anufrijeva) v Secretary of State for the Home Department
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Notice of a decision is required before it can have the character of a determination with legal effect because the individual concerned must be in a position to challenge the decision in the courts if he or she wishes to do so. It is simply an application of the right of access to justice.
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R (on the application of Unison) v Lord Chancellor
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The Lord Chancellor cannot, however, lawfully impose whatever fees he chooses in order to achieve those purposes. It follows from the authorities cited that the Fees Order will be ultra vires if there is a real risk that persons will effectively be prevented from having access to justice. That will be so because section 42 of the 2007 Act contains no words authorising the prevention of access to the relevant tribunals. That is indeed accepted by the Lord Chancellor.
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Nasser v United Bank of Kuwait
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Returning to Part 25.15(1) and 25.13(1) and (2)(a) and (b), if the discretion to order security is to be exercised, it should therefore be on objectively justified grounds relating to obstacles to or the burden of enforcement in the context of the particular foreign claimant or country concerned. Insolvent or impecunious companies present a different situation, since the power under CPR Part 25.13(2)(c) applies to companies wherever incorporated and resident, and is not discriminatory.
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Access to justice in revenue-seeking legal institutions
Legal bias against the poor, and competition from nonstate legal services providers, can both seriously affect state justice provision. But analyses of these factors often fail to incorporate a cri...
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Access to justice in revenue-seeking legal institutions
Legal bias against the poor, and competition from nonstate legal services providers, can both seriously affect state justice provision. But analyses of these factors often fail to incorporate a cri...
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Reimagining access to justice through the eyes of rural domestic violence survivors
Access to justice is a theoretical construct and applied principle within the US legal system, centering equity in access to legal services and representation. However, access to justice extends be...
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Legal empowerment as a tool for engendering access to justice in South Africa
This article examines the concept of access to justice and the challenges vulnerable and marginalised groups encounter in accessing justice. The article further discusses the recognition of access ...
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Reasons for allowing or refusing permission to appeal and information concerning routes of appeal
Court of Appeal Civil Division forms including form N244 to apply for a court order.... ... there is no further right of appeal (see s.54(4) of the Access to Justice Act 1999) ... Judge’s signature ... Note: The appellant must ... ...
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201)
Court of Appeal Civil Division forms including form N244 to apply for a court order.... ... • two or three lay magistrates; ... • a lay justice; ... • a District Judge sitting in the Family Court ... The above does ... decision to any court (section 54(4) Access to Justice Act 1999) ... Second Appeals ... A second appeal is an appeal ... ...
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Reasons for allowing or refusing permission to appeal (including referral to the Court of Appeal (Civil Division)), and information concerning routes of appeal
Court of Appeal Civil Division forms including form N244 to apply for a court order.... ... There is no further right of appeal (see s.54(4) of the Access to Justice Act 1999) ... Judge’s signature ... Note: The appellant must ... ...
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Claim notification (PL2) - Low value personal injury claims in public liability accidents (£1,000 - £25,000). Defendant only
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... has taken out an insurance policy to which section 29 of the Access to Justice Act 1999 applies ... Name of insurance company ... Address of ... ...