Legal Aid Board in UK Law

Leading Cases
  • R v Legal Aid Board, ex parte Kaim Todner (A Firm)
    • Court of Appeal (Civil Division)
    • 10 June 1998

    The need to be vigilant arises from the natural tendency for the general principle to be eroded and for exceptions to grow by accretion as the exceptions are applied by analogy to existing cases. It is necessary because the public nature of proceedings deters inappropriate behaviour on the part of the court. It also maintains the public's confidence in the administration of justice. It enables the public to know that justice is being administered impartially.

    Any interference with the public nature of court proceedings is therefore to be avoided unless justice requires it. However Parliament has recognised there are situations where interference is necessary. In addition section 12 refers to proceedings "where the court (having power to do so)" expressly prohibits publication, but this does no more than recognise the general principle.

  • Sharma v Brown-Antoine and Others
    • Privy Council
    • 30 November 2006

    (4) The ordinary rule now is that the court will refuse leave to claim judicial review unless satisfied that there is an arguable ground for judicial review having a realistic prospect of success and not subject to a discretionary bar such as delay or an alternative remedy: R v Legal Aid Board, Ex p Hughes (1992) 5 Admin LR 623, 628; Fordham, Judicial Review Handbook, 4th ed (2004), p 426. But arguability cannot be judged without reference to the nature and gravity of the issue to be argued.

  • Re S (A Child) (Identification: Restrictions on Publication)
    • House of Lords
    • 28 October 2004

    What does, however, emerge clearly from the opinions are four propositions. First, neither article has as such precedence over the other. Secondly, where the values under the two articles are in conflict, an intense focus on the comparative importance of the specific rights being claimed in the individual case is necessary. Thirdly, the justifications for interfering with or restricting each right must be taken into account. For convenience I will call this the ultimate balancing test.

    While article 8.1 is engaged, and none of the factors in article 8.2 justifies the interference, it is necessary to assess realistically the nature of the relief sought. This is an application for an injunction beyond the scope of section 39, the remedy provided by Parliament to protect juveniles directly affected by criminal proceedings. No such injunction has in the past been granted under the inherent jurisdiction or under the provisions of the ECHR.

    Thirdly, it is important to bear in mind that from a newspaper's point of view a report of a sensational trial without revealing the identity of the defendant would be a very much disembodied trial. If the newspapers choose not to contest such an injunction, they are less likely to give prominence to reports of the trial. Certainly, readers will be less interested and editors will act accordingly. Informed debate about criminal justice will suffer.

  • Khuja (formerly known as PNM) v Times Newspapers Ltd and Others
    • Supreme Court
    • 19 July 2017

    The test was whether a reasonable person of ordinary sensibilities, if placed in the same situation as the subject of the disclosure, rather than the recipient, would find the disclosure offensive. The protection of reputation is the primary function of the law of defamation. But although the ambit of the right of privacy is wider, it provides an alternative means of protecting reputation which is available even when the matters published are true.

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Legislation
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Books & Journal Articles
  • Book Review: Evidence Textbook
    • No. 69-4, October 1996
    • Police Journal: Theory, Practice and Principles
    ... ... Levenson, F. Fairweather and E. Cape. Legal Action Group. Paperback £32. Police Powers has become a standard ork on the subject approved by the Legal Aid Board's Duty Solicitor Committee. Written primarily to assist the criminal ... ...
  • Book Review: Police Powers: A Practitioners' Guide
    • No. 69-4, October 1996
    • Police Journal: Theory, Practice and Principles
    ... ... Levenson, F. Fairweather and E. Cape. Legal Action Group. Paperback £32. Police Powers has become a standard ork on the subject approved by the Legal Aid Board's Duty Solicitor Committee. Written primarily to assist the criminal ... ...
  • The Green Papers and Legal Services
    • No. 52-4, July 1989
    • The Modern Law Review
    ... ... Once the Board has set up suitable arrangements for contracting with agencies and other organisations for the pro- Excise lawyers) the Andrew ... ...
  • The Government’s Plans on Legal Aid and Conditional Fees
    • No. 61-4, July 1998
    • The Modern Law Review
    ... ... (Figures kindly supplied by the Legal Aid Board Research Unit). 13 The criticism that may have had particular impact on the Lord Chancellor was that from the Society of Labour Lawyers. 14 ... ...
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Law Firm Commentaries
  • Local Authorities And Legal Aid
    • Mondaq UK
    ... ... conference last month might remember that one of the cases covered in our case round-up was Glasgow City Council v Scottish Legal Aid Board and PQ [2017] CSOH 155. This was a challenge by Glasgow City Council to SLAB's decision to grant legal aid for two appeals to the Inner House of the ... ...
  • Home Owner & Debtor Protection (Scotland) Act 2010 - Guidance on Lay Representation
    • Mondaq United Kingdom
    ... ... They are to assist homeowners, who may otherwise not qualify for Legal Aid and be unable to afford the services of a solicitor, when faced with ... organisations established and maintained by the Scottish Legal aid Board Organisations which have been awarded accreditation at Type III level ... ...
  • Regulators' Hearings - Should they be in Private or Public?
    • Mondaq United Kingdom
    ... ... be unfairness caused by holding a hearing in public (see eg R v Legal Aid Board ex p Kaim Todner [1999] QB 966) or possibly if a public hearing ... ...
  • The Future Of Gift Aid
    • Mondaq United Kingdom
    ... ... would be measured against the value of benefits provided across the board (not to each individual). This 'pooling' is intended to make the system ... perhaps an unintended consequence that needed to be addressed at the legal drafting stage. HMRC commented that this was a good point that they would ... ...
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Forms
  • T426)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... made to the tribunal office which sent the judgment ... Legal advice (on appeals) and legal representation ... Depending on your ... advice, contact a solicitor or the The Scottish Legal Aid Board, Thistle House, 91 Haymarket ... Terrace, Edinburgh, EH12 5HE (phone 0131 ... ...
  • Application for Permission and Notice of Appeal - Diffuse Mesothelioma Payments Scheme
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to appeal decisions by certain first-tier and other tribunals and organisations. Includes social security and child support, and mental health appeals.
    ... ... Can I get legal aid? ... In England and Wales, you may be able to get free legal help with ... information on whether you are eligible from the Scottish Legal Aid Board (SLAB) at ... http://www.slab.org.uk/public/civil/ or by telephone on 0845 ... ...
  • Application for permission to appeal to an Upper Tribunal judge and notice of appeal for social security, child support, tax credits, housing benefit and council tax benefit cases
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to appeal decisions by certain first-tier and other tribunals and organisations. Includes social security and child support, and mental health appeals.
    ... ...   ...   ...   ... Can I get legal ... information on whether you are eligible from the Scottish Legal Aid Board ... ...
  • 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 ... Or via the website at www.lawscot.org.uk ... The Scottish Legal Aid Board ... 44 Drumsheugh Gardens ... Edinburgh, EH3 7SW ... Telephone Number: ... ...
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