Brownlee (Raymond)’s Application
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 23 October 2013 |
| Neutral Citation | [2013] NICA 57 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 23 October 2013 |
| Year | 2013 |
1
Neutral Citation No. [2013] NICA 57
Ref:
MOR9019
Judgment: approved by the Court for handing down
Delivered:
23/10/13
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
Brownlee (Raymond)’s Application [2013] NICA 57
IN THE MATTER OF AN APPLICATION BY RAYMOND BROWNLEE FOR
JUDICIAL REVIEW
________
Before: Morgan LCJ, Higgins LJ and Girvan LJ
________
MORGAN LCJ (delivering the judgment of the court)
[1] The Department of Justice appeals against the decision of Treacy J given on 20
March 2013, holding that the Crown Court Proceedings (Costs) Rules (Northern
Ireland) 2005 as amended by the Crown Court Proceedings (Cost) (Amendment)
Rules (Northern Ireland) 2011) (the 2005 Rules as amended) defeated the
respondent’s right to practical and effective access to legal assistance. On 24 April
2013 the learned trial judge granted an Order of Mandamus compelling the
appellant to take all necessary steps to make the respondent’s right to legal aid
effective. The Judge found that there must be a modest adjustment to the impugned
scheme under the 2005 Rules as amended or some other provision to enable the
necessary adjustment to meet the exceptional and unusual circumstances of this case
and avoid the injustice which would otherwise result.
Background
[2] The respondent, Mr Brownlee, was convicted of one count of false
imprisonment, one count of threats to kill, two counts of wounding with intent and
one count of common assault. He was represented at his trial by senior and junior
counsel and a solicitor who were retained on foot of a legal aid certificate. He
pleaded guilty to the count of common assault and contested the remaining charges.
The matter proceeded by way of a five day trial before Judge Miller QC sitting with
a jury between 28 May 2012 and 2 June 2012.
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2 cases
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An application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland)
...[2014] UKSC 4 THE SUPREME COURT Hilary Term On appeal from: [2013] NICA 57 Lord Neuberger, President Lord Kerr Lord Clarke Lord Reed Lord Hodge In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) Appellant Ronan Lavery QC Conan Fegan BL (Instructe......
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Cameron (Ian Mark)
...in Northern Ireland and generally approved by Morgan LCJ in In the Matter of an Application by Raymond Brownlie for Judicial Review [2013] NICA 57. The principle on which the 2001 Rules is based is not one of providing fair remuneration by reference to the amount of work done, but it is a r......
1 books & journal articles
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Northern Ireland Dimensions to the First Decade of the United Kingdom Supreme Court
...Ireland and the Home Office.88 n 17 above.89 This was the Legal aid, Advice and Assistance (NI) Order 1981, arts 36(3) and 37.90 [2013] NICA 57 per Morgan LCJ, Higgins and Girvan LJJ; Morgan LCJ delivered the judgmentof the Court.91 This was the term used by Morgan LCJ in the Court of Appeal......