Civil Legal Aid in UK Law

Leading Cases
  • R (on the application of the Public Law Project) v Secretary of State for Justice
    • Queen's Bench Division (Administrative Court)
    • 15 Jul 2014

    The power to add, vary or omit services under s.9 as supplemented by s.41 is to serve and promote the object of the statute. The power cannot be construed in a way which widens the purposes of the Act or departs from or varies its primary objective (see, e.g., Utah Construction and Engineering PTY Limited v Pataky [1966] AC 629 at 640 and Bennion on Statutory Interpretation 5 th Edition section 59, pages 262–263).

  • M v Director of Legal Aid Casework The Lord Chancellor (1st Interested Party) The Helen Bamber Foundation (2nd Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 02 May 2014

    In my judgment, Mr Eadie QC was right to say that the test for "risk" required by Section 10(3)(b) must be considered by reference to the aim and purpose of LASPO itself. LASPO aims to make civil legal aid available in the particular cases identified in Part 1 of Schedule 1, and not otherwise, unless the provision of legal aid is necessary or appropriate within the definitions at Section 10(3).

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

    9) The judge should be alert to the possibility that an application against a non-party is motivated by resentment of an inability to obtain an effective order for costs against a legally-aided litigant.

  • Joyce v Sengupta and Another
    • Court of Appeal (Civil Division)
    • 31 Jul 1992

    As to these fears, it is vital to keep in mind that the decision on whether or not to grant legal aid has been entrusted by Parliament to the Legal Aid Board, not the court. Parliament has prescribed a framework of limitations and conditions but the Legal Aid Board retains a discretion.

    These provisions show that in reaching its decision the board takes into account a wide range of factors. One factor is the probable cost of the proceedings: see W.F. Marshall Limited v. Barnes & Fitzpatrick [1953] 1 W.L.R. 639, 649. Another is that it may be unreasonable for legal aid to be continued if a legally assisted plaintiff refuses to accept a reasonable offer or a payment made into court by a defendant.

  • R Teresa G and Others v The British Red Cross Society (Intervener) The Director of Legal Aid Casework and Another
    • Court of Appeal (Civil Division)
    • 15 Dec 2014

    It is true that the test for article 8 as it is stated in the Strasbourg jurisprudence (whether those affected have been involved in the decision-making process, viewed as a whole, to a degree sufficient to provide them with the requisite protection of their interests) differs from the test for article 6(1) (whether there has been effective access to court).

  • Callery v Gray (Nos 1 and 2)
    • House of Lords
    • 27 Jun 2002

    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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Legislation
Books & Journal Articles
  • The Progress And Future Of Legal Aid In Civil Litigation
    • Nbr. 28-4, July 1965
    • The Modern Law Review
  • Third Way Regulation? Community Legal Service Partnerships
    • Nbr. 64-4, July 2001
    • The Modern Law Review
    This article examines recent changes in the civil legal aid scheme in England and Wales (now called the Community Legal Service) and the creation of Community Legal Service Partnerships in particul...
    ...... Third Way Regulation? Community Legal Service Partnerships Richard Moorhead* This article examines recent changes in the civil legal aid scheme in Englan d and Wales (now called the Community Legal Service) and the creation of Community Legal Service Partnerships in ......
  • REVIEWS
    • Nbr. 43-6, November 1980
    • The Modern Law Review
    Bailment. By N. E. Palmer. Remedies for Breach of Contract. By Hugh Beale. Legal Norms and Legal Science. A Critical Study of Kelsen's Pure Theory of Law. By Ronald Moore. Moral and Legal Reasoning...
    ...... The omission is serious, for there are many unresolved legal problems arising from equipment leasing upon which the ... by Parliament in 1711, and if so, how far the civil power could compel the Church to act within the civil ......
  • 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...
    ...... Legal Aid Fund: A Third Way to Finance Personal Injury Litigation David Capper* 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 Services ......
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Law Firm Commentaries
  • Contingency Fees in England After April 2013
    • JD Supra United Kingdom
    Beginning in April 2013, lawyers in England will be permitted to recover fees from the damages awarded to their clients. This type of contingency fee agreement was formerly prohibited in the UK, bu...
    ...... was formerly prohibited in the UK, but a comprehensive review of civil litigation costs in 2009 prompted the recent passage of the Legal Aid, ......
  • Clyde & Co Wins Best Community Engagement Award
    • Mondaq UK
    ...... of employment and immigration law queries following the cuts to civil legal aid in employment and immigration law. This is the first such ......
  • 'It's Legal Aid, Jim, But Not As We Know It.'
    • Mondaq United Kingdom
    ......And for many smaller firms faced with the proposal of an immediate 10% cut in civil legal aid fees and a future of competitive tendering, it is clear that large numbers of them will sadly be driven out of business. For those of us ......
  • Scottish Government Decides That Civil Court Fees Do Not Impede Access To Justice; No Substantive Change To Court Fee Structure
    • Mondaq UK
    ...... noted that it was necessary to limit "demands on the public purse" and there was some subsidy of civil claims by way of fee exemption and Civil Legal Aid. Access to justice. In the consultation document the Scottish Government stated that "maintaining access to justice must be a paramount ......
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