R v Legal Aid Board, ex parte Clark
| Jurisdiction | England & Wales |
| Judgment Date | 14 October 1992 |
| Date | 14 October 1992 |
| Court | Queen's Bench Division |
Queen's Bench Division
Before Mr Justice Macpherson
Legal aid - contribution computation - money received by litigant
Money received by a litigant in connection with the incident giving rise to the legal dispute in respect of which a legal aid application had been made was not to be taken into account in assessing the litigant's means for computing the amount of her contribution.
Therefore the Department of Social Security and the Bristol area Legal Aid Board erred, when assessing the applicant's maximum contributions under her legal aid certificate, in taking into account the receipt of a lump sum retiring allowance of £13,107.47 where the retirement was on medical grounds as a result of the injury complained of in the dispute in respect of which she was legally aided and where she was contractually obliged on her retirement to accept some of the payment under her pension scheme in the form of a lump sum retiring allowance.
Paragraph 14B of Schedule 3 of the Civil Legal Aid (Assessment of Resources) Regulations (SI 1989 No 338), as inserted by the Civil Legal Aid (Assessment of Resources) (Amendment) Regulations (SI 1990 No 484) provides: "In computing the amount of capital of the person concerned there shall be wholly disregarded any capital payment received from any source which is made in relation to the incident giving rise to the dispute in respect of which the legal aid application has been made."
Mr Justice Macpherson so held in the Queen's Bench Division in allowing...
To continue reading
Request your trial
-
Axis Intl v Civil Aviation Auth
...1 All E.R. 80; [1980] STC 42; (1979), 70 Cr. App. R. 157, followed. (8) R. v. Legal Aid Bd., ex p. Bateman, [1992] 1 W.L.R. 711; [1992] 3 All E.R. 490, applied. (9) R. v. Transport Dept., ex p.Presvac Engr. Ltd., [1992] 4 Admin L.R. 121, distinguished. (10) R. (Anufrijeva) v. Home Secy., [2......
-
Anglin v Governor of The Cayman Islands
...Council, The Times, October 18th, 1996; (1996), 9 Admin. L.R. 373, considered. (5)R. (Bateman) v. Legal Aid Bd., [1992] 1 W.L.R. 711; [1992] 3 All E.R. 490, considered. (6)R. (Child Poverty Action) v. Lord Chancellor, [1999] 1 W.L.R. 347; [1998] 2 All E.R. 755, considered. (7)R. (Dixon) v. ......