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 Julio 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 Mayo 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 Abril 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 Julio 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 Diciembre 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).

  • Re K and H (Children: unrepresented father: cross-examination of child)
    • Family Court
    • 05 Enero 2015

    I agree with Miss Whipple that LASPO provides a single, comprehensive, unitary code for the funding of litigation for those litigants whose case is within the scope of the scheme and who are able to satisfy the means and merits tests. The court's power to direct that the cost of certain activities should be borne by HMCTS is, as the President has said, 'an order of last resort'. However, that the power exists at all is in my judgment absolutely clear.

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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 ......
  • Holding aid-related misconduct accountable: civil and administrative remedies
    • Nbr. 24-3, July 2021
    • Journal of Money Laundering Control
    • 596-606
    Purpose: The purpose of this paper is to provide an empirical analysis on aid-related misconduct and sectoral regulatory failures. Via a series of Oxfam revelations, this paper aims to highlight po...
    .......Design/methodology/approach –Chronicling recent revelations of misconduct by aid workers, thispaper begins with an overviewof moral and legal responsibilities of the entrusted; then it illustrateshow theOxfam misconduct violates those moral and legal responsibilities in aid delivery. The ......
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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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Forms
  • Request for detailed assessment (Legal aid/Legal Services Commission only)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ......any fee notes of counsel and receipts or accounts for other disbursements relating to items claimed;. all civil legal aid certificates and LSC certificates and amendments to them; notice of discharge or revocation and. specific legal aid authorities;. the ......
  • Legal Aid / Legal Aid Agency assessment certificate
    • HM Courts & Tribunals Service court and tribunal forms
    Court Costs form EX80A to issue a legal aid assessment certificate.
    ......Legal Reps Ref. The costs in this matter have been assessed as set out in. boxes A, B and C below and are claimed from the Civil Legal Aid. The costs are those of the. (please tick). They were assessed in the. Claimant. Petitioner. Defendant. Respondent. High Court. County ......
  • Request for detailed assessment (Costs payable out of a fund other than the Community Legal Service Fund)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ...Request for detailed assessment. Click here to reset form. Click here to print form. In the. (Costs payable out of a fund other than. Civil Legal Aid). Case No. Applicant/. Petitioner. (include Ref.). Respondent. (include Ref.). Co-Respondent. (include Ref.). Solicitor’s fee. account ......
  • Request for detailed assessment (legal aid / Legal Services Commission only)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ......any fee notes of counsel and receipts or accounts for other disbursements relating to items claimed;. all civil legal aid certificates and LAA certificates and amendments to them; notice of discharge or revocation and. specific legal aid authorities;. * I ......
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