R v Lord Chancellor, ex parte Witham
| Jurisdiction | England & Wales |
| Court | Queen's Bench Division |
| Judgment Date | 1997 |
| Date | 1997 |
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72 cases
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(1) Teresa Gudanaviciene and Others v Director of Legal Aid Casework (1st Defendant) The Lord Chancellor (2nd Defendant)
...of the cases I have dealt with show, produces unfairness. 125 Mr Chamberlain has placed some reliance on observations of Laws J in R v Lord Chancellor ex p Witham [1997] 2 All ER 779. That case involved a challenge to the imposition of fees to enable a claim to be lodged with the court whi......
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R v Lord Chancellor, ex parte Lightfoot
...of secondary legislation whose effect is to bar a person in the applicants position from access to the court. He relies upon R v Lord Chancellor ex parte Witham [1998] 2 WLR 849 , a decision of the Divisional Court in which the judgments were given by Rose LJ and myself. The headnote reads......
- R v Secretary of State for the Home Department, ex parte Saleem
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R v Secretary of State for the Home Department, ex parte Quinn
......But Miss Kaufmann refers to R v Lord Chancellor ex p Witham [1998] QB 575 for an indication of the character and importance of the ......
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7 books & journal articles
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Judicial Deference under the Human Rights Act
...proportionality test more70 RvSecretary of State for the Home Department, ex p Leech (No 2) [1994] QB 198; RvLordChancellor, ex p Witham [1998] QB 575; RvMinistry of Defence, ex p Smith [1996] QB 517; RvSecretary of State for Social Security, ex p JCWI [1996] 4 All ER 385, 400–402 per Simon......
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Disposing of Dicey: From Legal Autonomy to Constitutional Discourse?
...legal system but require statutory authority.53 R v Home Secretary ex p. Leech [1994] QB 198, R v Lord Chancellor ex p. Witham [1997] 2 All ER 779 (rightof access to the court, ECHR Art 6(1)); R v Ministry of Defence ex p. Smith [1996] 1 All ER 257 (right ofhomosexuals to work in the armed ......
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Nationalism and the Pathology of Legal Systems: Considering the Quebec Secession Reference and its Lessons for the United Kingdom
...the Home Department, ex p Leech (No 2) [1994] QB 198; RvMinister ofDefence, ex p Smith [1996] QB 517; RvLord Chancellor, ex p Witham [1997] 2 All ER 779; RvHome Secretary, ex p Pierson [1998] AC 539. In general, T.R.S. Allen, ‘Constitutional Rights andCommon Law’ (1991) 11 OJLS 453; S. Sedl......
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The Human Rights Act, ‘Horizontal Effect’ and the Common Law: a Bang or a Whimper?
...1 AC 1 and for an emphatic recent example of insistence on theimportance of this right, RvLord Chancellor’s Department, ex p Witham [1997] 2 All ER 779.145 That judges do not at present accept any general obligation to have regard to Article 8 whenconsidering common law claims raising priva......
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