Right to Legal Representation in UK Law

Leading Cases
  • 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.

  • 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.

    But there is a serious risk that, if that course were to be adopted, disciplinary proceedings in the public sector would be turned into a process of litigation, with all the consequences as to expense and delay that that would involve. The burden that this would impose on employers, and its chilling effect on resort to the procedure for fear of its consequences, is not hard to imagine.

  • R v Spearing (Barry Charles)
    • Court of Appeal (Criminal Division)
    • 26 Ago 2010

    The confiscation proceedings were, as we have indicated, conducted under Part 6 of the 1988 Act. There is nothing in those proceedings which precludes confiscation proceedings taking place in the absence of a defendant who decides to abscond.

  • R (G) v X School Governors & Y City Council
    • Court of Appeal (Civil Division)
    • 20 Ene 2010

    Now, little if any light is thrown on the case by the bare assertion that Article 6 "civil" is engaged in the disciplinary process. It is necessary to be clear as to the precise nature of the claimant's civil right said to engage it. That this is a civil right for the purposes of Article 6 is uncontroversial (it was established by Le Compte, Van Leuven and De Meyere v Belgium (1981) 4 EHRR 1), but it is clearly distinct from the claimant's entitlement to remain in his current employment.

    In my view the effect of the learning (and I have already foreshadowed this) is that where an individual is subject to two or more sets of proceedings (or two or more phases of a single proceeding), and a "civil right or obligation" enjoyed or owed by him will be determined in one of them, he may (not necessarily will) by force of Article 6 enjoy appropriate procedural rights in relation to any of the others if the outcome of that other will have a substantial influence or effect on the determination of the civil right or obligation.

  • R (S) v Knowsley NHS Primary Care Trust
    • Queen's Bench Division (Administrative Court)
    • 19 Ene 2006

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  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (b) (b) conferring rights on the data subject to obtain information about ... (a) (a) produces legal effects concerning the data subject, or . (b) ... Part 7 of this Act, section 187 (representation of data subjects). S-27 . National security: ......
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... apply unless the court considers that it has before it sufficient legal and factual material to enable it to consider the fairness of the term. ...) allowing the Tribunal to order payments in respect of the representation of a party to proceedings under section 47A or 47B of the 1998 Act, where ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... payment under Part 11 of the Employment Rights Act 1996 or Part 12 of the Employment Rights ... (e) (e) no legal process (including legal proceedings, execution, ... (a) (a) makes any false representation, or . (b) (b) fraudulently does, or omits to do, ......
  • Children's Hearings (Scotland) Act 2011
    • Scotland
    • 1 de Enero de 2011
    ...... . . (a) legal advice,. . . (b) advice about procedural ... S-19 . Rights of audience 19 Rights of audience . (1) The ... persons an opportunity to make representations-. . . (a) the applicant,. . . (b) the child ......
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Books & Journal Articles
  • Dirty money as legal fees in Namibia and Zimbabwe: are lawyers laundering proceeds of crime?
    • Núm. 23-2, Mayo 2020
    • Journal of Money Laundering Control
    • 315-326
    Purpose: The purpose of this paper is to explore the contentious issue whether lawyers become launderers when they accept dirty money as legal fees. Lawyers represent criminal defendants who may wi...
    ......Lawyers have a right to be paid for their services; but unfortunately,they may fi nd ... problemssuch as the right of the accused to legal representation and fair trial and the lawyers ’ right to practice their profes sion. On ......
    • Núm. 51-4, Julio 1988
    • The Modern Law Review
    ...... of the European Court of Human Rights towards the determination of the sexual ... refused to confer upon him a legal status corresponding with his actual ... Both were denied legal representation, a decision of the Board upheld by ......
  • Fitness and propriety in financial services in the 21st century
    • Núm. 8-2, Febrero 2000
    • Journal of Financial Regulation and Compliance
    • 109-117
    ‘Fitness and propriety’ is a key qualifying condition of authorisation under the Financial Services and Markets Bill. Blandly stated, it is probably uncontroversial as a condition of authorisation....
    ...... th e Europea n Conventio n o n Huma n Rights . Further , on e o f th e mai n criti - ......
  • Corporate Fraud: Civil Disclosures in Criminal Proceedings
    • Núm. 57-2, Marzo 1994
    • The Modern Law Review
    ...... certain key safeguards such as the right to legal representation and the right to be ......
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