R v Lord Chancellor, ex parte Witham
| Jurisdiction | England & Wales |
| Judgment Date | 1997 |
| Date | 1997 |
| Court | Queen's Bench Division |
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83 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......
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R v Secretary of State for the Home Department, ex parte Saleem
... ... rule was not within the reasonable range of responses which Parliament could have intended the Lord" Chancellor to make to the grant of the rule-making power ... On the Secretary of State's appeal\xE2\x80" ... for the Home Department, Ex p Leech [ 1994 ] QB 198 , CA and R v Lord Chancellor, Ex p Witham [ 1998 ] QB 575 , DC applied ... Per Hale LJ. A right of access to a tribunal or other ... ...
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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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6 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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