Legal Aid - 1997

These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.  

This page lists 27 cases, and was prepared on 06 June 2013. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.

Chaggar -v- Chaggar [1997] 1 All ER 104
1997 CA Aldous LJ, Phillips LJ	Legal Aid	1 Citers
	When considering making an order that an assisted person make a contribution to costs, the task of the court is set out in s 17: it is to decide the assisted parties' liability for costs. Those costs must not exceed that which it is reasonable for the party to pay in all the circumstance. All the circumstances have to be taken into account, including the financial resources of both parties taking into account regulation 126. The court should consider the parties' disposable income and disposable capital excluding the assets referred to in the regulations.
	Legal Aid Act 1988 17

McKay -v- Legal Aid Board [1997] EWCA Civ 826
23 Jan 1997 CA	Legal Aid
	Money which had been paid into court before the Legal Aid Certificate was issued, is not subject to the legal aid charge when it was recovered from court.
	Legal Aid Act 1988 Sch2 Part 1
	Link[s] omitted

Wraith -v- Wraith and Another; CA 05-Feb-1997

Regina -v- Legal Aid Board ex parte Mary Cullen [1997] EWHC Admin 183
25 Feb 1997 Admn	Legal Aid	1 Cites
	Link[s] omitted

Regina -v- Wrexham Maelor Magistrates' Court ex parte Mark Ian Challenor [1997] EWHC Admin 217
4 Mar 1997 Admn	Legal Aid
	Challenge to refusal to grant legal aid.
	Link[s] omitted

Regina -v- Resident Judge of Canterbury Crown Court and Resident Judge of Maidstone Crown Court ex parte Blok [1997] EWHC Admin 233
6 Mar 1997 Admn	Legal Aid, Criminal Practice
	Judicial review was sought of letters from two Crown Court judges appearing to direct local magistrates as to the practice they should follow when facing applications to transfer legal aid orders in criminal matters. Held: The letters merely gave guidance on the practice actually followed in the Crown Courts.
	Link[s] omitted

Regina -v- Gravesend Magistrates Court ex parte Baker [1997] EWHC Admin 373
16 Apr 1997 Admn Lord Justice Mccowan -And- Mr Justice Popplewell	Road Traffic, Magistrates, Legal Aid	Casemap
	The defendant appealed a refusal of legal aid. She wished to establish that her drink had been spiked, and thus to establish special reasons for not being disqualified for driving with excess alcohol. Held: Expert evidence would assist the magistrates in deciding the matter. That would not be available without expert evidence, and therefore legal aid was necessary.
	Link[s] omitted

Regina -v- Legal Aid Board ex parte Harry Haldane Faulkner Rogers [1997] EWHC Admin 413
25 Apr 1997 Admn	Legal Aid
	Link[s] omitted

Regina -v- Gravesham Magistrates Court Ex Parte Baker
30 Apr 1997 QBD	Legal Aid
	Legal Aid should be granted where a criminal case required an expert to be instructed.

Regina -v- East Birmingham Health Authority and Solihull Health Authority ex parte John Flynn; Carol Flynn -v- Robin Thompson and Partners [1997] EWCA Civ 1928
20 Jun 1997 CA	Legal Aid
	[ Bailii ]

In the Matter of an Application for Leave To Move for Judicial Review Queen -v- Legal Aid Area No 3 Appeal Committee ex parte Robert Brain [1997] EWCA Civ 1937
23 Jun 1997 CA	Legal Aid
	Link[s] omitted

Regina -v- Legal Aid Board ex parte T, a Firm of Solicitors; Admn 25-Jun-1997

Regina -v- Legal Aid Board ex parte T, a Firm of Solicitors [1997] EWHC Admin 592
25 Jun 1997 Admn	Legal Aid, Legal Professions	Casemap 1 Cites 1 Citers
	Application for judicial review of decision of Legal Aid board - granted.
	Link[s] omitted

Ashman -v- Severn Trent Water Ltd and National Rivers Authority [1997] EWCA Civ 1980
26 Jun 1997 CA	Legal Professions, Legal Aid
	The solicitor appealed against a refusal of the court to allow him to come off the record in acting for the plaintiff. The court had said that since the plaintiff was legally aided, the solicitor must first deal with the Legal Aid certificate.
	[ Bailii ]

Regina -v- Legal Aid Board ex parte Mary Cullen [1997] EWCA Civ 2015
3 Jul 1997 CA	Legal Aid	Casemap 1 Citers
	Link[s] omitted

Connelly -v- RTZ Corporation Plc and others [1997] UKHL 30; [1998] AC 854; [1997] 4 All ER 335; [1997] 3 WLR 373
24 Jul 1997 HL Lord Goff of Chievely	Jurisdiction, Litigation Practice, Legal Aid
	The availability of legal aid to a party is not part of criteria for choosing jurisdiction save in exceptional circumstances. Lord Goff discussed the Spiliada case: "the burden of proof rests on the defendant to persuade the court to exercise its discretion to grant a stay. For that purpose, he has to establish that there is another available forum which is clearly or distinctly more appropriate than the English forum in which jurisdiction has been founded by the plaintiff as of right. In considering that question, the court will look first to see what factors there are which point in the direction of another forum, ie connecting factors which indicate that it is with the other forum that the action has its most real and substantial connection. That is the first stage. However, even if the court concludes at that stage that the other forum is clearly more appropriate for the trial of the action, the court may nevertheless decline to grant a stay if persuaded by the plaintiff, on whom the burden of proof then lies, that justice requires that a stay should not be granted. That is the second stage."
	Legal Aid Act 1988 31(1)(b)
	[ House of Lords ] - [ Bailii ]

North Staffordshire Hospitals NHS Trust; David Southall -v- Sharon Payne (Also Known As Sharon Wraxall); Andrea Dean; Brian Morgan and Clive Baldwin [1997] EWCA Civ 2244
30 Jul 1997 CA	Contempt of Court, Legal Aid
	[ Bailii ]

Twigg Farnell (Formerly Alan Farnell and Co) -v- Leslie Wildblood [1997] EWCA Civ 2375
26 Sep 1997 CA	Legal Aid
	Link[s] omitted

Regina -v- Registered Homes Tribunal and Legal Aid Board ex parte Gloria Smillie [1997] EWHC Admin 826
2 Oct 1997 Admn	Legal Aid
	Link[s] omitted

Nigel John Vandersteen (Executors of the Estate of Doris Lily Maginnes Deceased) (the Legal Aid Board) -v- Anthony Agius Peter Healey [1997] EWCA Civ 2503
16 Oct 1997 CA	Legal Aid
	Link[s] omitted

Regina -v- Harlow Justices ex parte Gumble; Admn 21-Oct-1997

In the Matter of an Application for Leave To Move for Judicial Review Queen -v- Legal Aid Area No 3 Appeal Committee ex parte Robert Brain [1997] EWCA Civ 2573
27 Oct 1997 CA	Legal Aid
	[ Bailii ]

Regina -v- Chester and North Wales Legal Aid Area Office Ex Parte Floods of Queensbury Ltd [1997] EWHC Admin 883
7 Nov 1997 QBD	Legal Aid, Company	1 Citers
	It was possible for a body to apply for legal aid but only if it was genuinely acting in a fiduciary capacity as trustee, not mere contractual representative.
	Legal Aid Act 1974 2(10) - Legal Aid Act 1988 2(10)
	[ Bailii ]

Regina -v- Liverpool City Magistrates' Court ex parte Gaynor Banwell [1997] EWHC Admin 1014
14 Nov 1997 Admn	Legal Aid
	Criminal Justice Act 1997 91(1)
	[ Bailii ]

Regina -v- Legal Aid Board ex parte Bibby, C M [1997] EWHC Admin 1064
1 Dec 1997 Admn	Legal Aid
	[ Bailii ]

Norglen Ltd (In Liquidation) -v- Reeds Rains Prudential Ltd and Others; Circuit Systems Ltd (In Liquidation) and Another -v- Zuken-Redac Gazette, 17 December 1997; Times, 01 December 1997; Gazette, 18 February 1998; [1997] 3 WLR 1177; [1997] UKHL 51
1 Dec 1997 HL Lord Hoffman, Lord Browne Wilkinson, Lord Lloyd of Berwick, Lord Nolan, Lord Clyde	Legal Aid	Casemap
	An assignment of a cause of action by a company in liquidation was valid, even though the dominant purpose was to avoid having to give security for costs, and to get legal aid. In dismissing the argument that the transactions were a device to defeat the purpose of statutory provisions: "It is not that the statute has a penumbral spirit which strikes down devices or stratagems designed to avoid its terms or exploit its loopholes. There is no need for such spooky jurisprudence."
	Legal Aid Act 1988 17(1) 34
	[ Bailii ]

Regina -v- Chester and North Wales Legal Aid Area Office (No 12) ex parte Floods of Queensferry Limited [1997] EWCA Civ 3043
18 Dec 1997 CA	Legal Aid, Company	1 Cites
	A company was not entitled to legal aid unless it was clearly acting in a fiduciary capacity; that the assignment of an action is invalid is insufficient to warrant a grant.
	Legal Aid Act 1974 2(10)
	[ Bailii ]