Conway (Brendan) and Hutchinson’s (Eamon) Application
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 24 August 2011 |
| Neutral Citation | [2011] NIQB 68 |
| Date | 24 August 2011 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2011 |
1
Neutral Citation No. [2011] NIQB 68
Ref:
TRE8281
Judgment: approved by the Court for handing down
Delivered:
24/08/11
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
Conway (Brendan) and Hutchinson’s (Eamon) Application [2011] NIQB 68
AN APPLICATION BY BRENDAN CONWAY & EAMON HUTCHINSON
FOR JUDICIAL REVIEW
________
TREACY J
Introduction
[1] The applicants are both defendants in the Crown Court facing charges of
kidnapping, robbery, carrying a firearm with criminal intent and false
imprisonment. When proceedings were issued the first applicant had been in
custody. He has since been granted bail and both applicants were, at the time of the
application, on bail.
[2] These proceedings are concerned with the question whether the applicants’
current legal aid certificates require payment to their representatives under the Legal
Aid (Crown Court Proceedings) (Costs) Rules (NI) 2005 (“the 2005 Rules”) or Legal
Aid (Crown Court Proceedings) (Costs) (Amendment) Rules (NI) 2011 (“the 2011
Rules”). The significance of the answer to this question, which is ultimately about
rates of payment, can be gauged by the fact that the applicants’ legal advisers, whilst
prepared to act under the former payment regime i.e. the 2005 Rules are not
prepared to act under the recently introduced regime under the 2011 Rules.
[3] Following an inter partes leave hearing in this matter the applicants’ solicitors
wrote to the Judicial Review Office by letter dated 6 July 2011 in the following terms:
“Dear Sirs
Re: Brendan Conway & Eamon Hutchinson v Legal
Services Commission - ICOS Ref: 11/73089/01
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Moon's (Mervyn) Application for leave to apply for Judicial Review
...comment by the Court of Appeal. [13] Very similar issues to those raised in Finucane were raised in the case of Re Conway and Hutchinson [2011] NIQB 68. In that case the applicants were both defendants in the Crown Court facing serious charges. They were the beneficiaries of legal aid certi......