Legal Representation in UK Law

Leading Cases
  • R (G) v X School Governors & Y City Council
    • Supreme Court
    • 29 Jun 2011

    I accept at once the gravity of the consequences for the claimant of being placed on the children's barred list. For that reason, I would agree with the courts below that, if article 6 did apply in the disciplinary proceedings, then the claimant was entitled to the enhanced procedural protection (normally associated with criminal proceedings) of the right to have legal representation at the disciplinary hearing.

  • Freeman & Lockyer (A Firm)(Plaintiffs) Buckhurst Park Properties (Mangal) Ltd and Shiv Kumar Kapoor (Defendants)
    • Court of Appeal
    • 24 Ene 1964

    An "apparent" or "ostensible" authority, on the other hand, is a legal relationship between the principal and the contractor created by a representation, made by the principal to the contractor intended to be and in fact acted upon by the contractor, that the agent has authority to enter on behalf of the principal into a contract of a kind within the scope of the "apparent" authority, so as to render the principal liable to perform any obligations imposed upon him by such contract.

  • Enderby Town Football Club Ltd v Football Association Ltd
    • Court of Appeal (Civil Division)
    • 12 Oct 1970

    The case thus raises this important point; is a party who is charged before a domestic tribunal, entitled as of right to be legally represented? When the rules say nothing, then the party has no absolute right to be legally represented. Justice can often be done in them better by a good layman than by a bad lawyer. The tribunal must not fetter its discretion by rigid bonds.

  • Fraser v Mudge
    • Court of Appeal (Civil Division)
    • 12 Jun 1975

    But it seems to me that disciplinary cases fall into a very different category. We all know that, when a man is brought up before his commanding officer for a breach of discipline, whether in the armed forces or in ships at sea, it never has been the practice to allow legal representation. They must let the man know the charge and give him a proper opportunity of presenting his case. We ought not to create a precedent such as to suggest that an individual is entitled to legal representation.

    The argument of Mr. Sedley, as I follow it, really involves that justice cannot be done or cannot at least be seen to be done by the defendants, the visitors in this case unless there is legal representation of the plaintiff.

  • O (Committal: Legal Representation)
    • Court of Appeal (Civil Division)
    • 17 Oct 2019

    The case is a reminder that respondents to committal proceedings are entitled to be provided with legal representation if they want it and that they will qualify for non-means-tested legal aid. There is an obligation on the court to ensure that this protection is made available. Where this does not happen any resulting order for committal may be procedurally irregular.

  • Booth v Parole Board
    • Supreme Court (Scotland)
    • 09 Oct 2013

    That is likely to be the position in cases where such an assessment may depend upon the view formed by the board (including its members with expertise in psychology or psychiatry) of characteristics of the prisoner which can best be judged by seeing or questioning him in person, or where a psychological assessment produced by the Ministry of Justice is disputed on tenable grounds, or where the board may be materially assisted by hearing evidence, for example from a psychologist or psychiatrist. That is likely to be the position in cases where such an assessment may depend upon the view formed by the board (including its members with expertise in psychology or psychiatry) of characteristics of the prisoner which can best be judged by seeing or questioning him in person, or where a psychological assessment produced by the Ministry of Justice is disputed on tenable grounds, or where the board may be materially assisted by hearing evidence, for example from a psychologist or psychiatrist.

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