Grieve's (Thomas) Application
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Neutral Citation | [2017] NIQB 1 |
| Date | 06 January 2017 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation [2017] NIQB 1 Ref:
COL10139
Judgment: approved by the Court for handing down Delivered:
06/01/2017
(subject to editorial corrections)*
2016 No: 6772/01
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICTION BY THOMAS GRIEVE
FOR JUDICIAL REVIEW
and
IN THE MATTER OF A DECISION OF THE DEPARTMENT FOR
SOCIAL DEVELOPMENT (SOCIAL SECURITY AGENCY)
DATED 7 JANUARY AND 31 MARCH 2016
________
COLTON J
Introduction
[1] The applicant in this case sustained personal injuries as a result of an accident
in the course of his employment on 18 July 2012. He instructed solicitors to
prosecute a claim for damages in the High Court in respect of these injuries. He
made an application for civil legal aid for this purpose on 3 December 2014.
[2] This application concerns the calculation by the respondent of the financial
contribution the applicant should make to the Legal Services Commission so that he
can be granted a Legal Aid Certificate.
[3] The granting of civil legal aid is subject to a financial eligibility test. Article 9
of the Legal Aid Advice and Assistance (Northern Ireland) Order 1981 (“the 1981
Order”) provides that one of the criteria for the grant of legal aid in a personal injury
case shall be a disposable income which does not exceed £10,955.
[4] Article 21 of the 1981 Order provides for a contribution payable by persons in
receipt of legal aid. It states that if the person’s disposable income exceeds £3,355 his
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