Legal Aid - 1999

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This page lists 22 cases, and was prepared on 28 October 2012.

Waterford Wedgewood plc & an -v- David Nagli Ltd (in liquidation) et al
4 Jan 1999 ChD	Legal Aid
	When considering the resources of a legally aided person against whom a costs order is to be made, the fact that a spouse's assets are included when calculating eligibility for legal aid does not mean that they should be included for this purpose also.
	Legal Aid Act 1974 17

Regina -v- Brighton and Hove Council ex parte Ramon Nacion [1999] EWCA Civ 687
1 Feb 1999 CA	Legal Aid
	Link[s] omitted

Regina -v- Legal Aid Board ex parte Poole [1999] EWHC Admin 186
2 Mar 1999 Admn	Legal Aid
	Link[s] omitted

Microsoft Corporation -v- Backslash Distribution Ltd et Al
15 Mar 1999 ChD	Legal Aid
	Legal Aid Regulations providing that a legally aided defendant could in some circumstances be ordered to pay the costs of a prosecution after a contempt and on an indemnity basis were not invalid. Award of gross sum in lieu of part costs was not proper.
	Civil Legal Aid (General) Regulations 1989 103 24

Regina -v- Legal Aid Board, Ex P Parsons [1999] 3 All ER 347
1 Apr 1999 CA	Legal Aid	Casemap 1 Citers
	An applicant for legal aid has a duty similar to someone applying for insurance, and must disclose all material facts. The board correctly revoked a certificate, leaving him responsible for all costs. This is an administrative, not a punitive act.

R -v- Legal Aid Board No 9 Area Appeal Committee ex parte Arnold Stuart Dickinson [1999] EWCA Civ 1305
29 Apr 1999 CA	Legal Aid
	Link[s] omitted

R -v- Legal Aid Board No 9 Area Appeal Committee ex parte Arnold Stuart Dickinson [1999] EWCA Civ 1304
29 Apr 1999 CA	Legal Aid
	Link[s] omitted

Michael Stretch -v- West Dorset District Council (2) [1999] EWCA Civ 1409
13 May 1999 CA	Legal Aid, Local Government
	A local authority resisting an appeal by a legally aided plaintiff could be awarded costs. The court should be careful not to depart from the wording of the Act, And an order did not depend upon any finding of wrongful behaviour by a party. The plaintiff had sought to exercise an option in a lease granted to him, but which option was ultra vires.
	Legal Aid Act 1974 18
	Link[s] omitted

Regina -v- Legal Aid Board ex parte Anderton [1999] EWHC Admin 430
13 May 1999 Admn Moses J	Legal Aid
	The court considered the power of the Legal Aid Board to amend a legal aid certificate on the grounds of mistake.
	Link[s] omitted

Regina -v- Legal Aid Board ex parte Choudry [1999] EWHC Admin 467
20 May 1999 Admn	Litigation Practice, Costs, Legal Aid
	Link[s] omitted

Regina -v- Secretary of State for Home Department and Lord Chancellor ex parte Shafiq Rehman [1999] EWHC Admin 524; [1999] EWHC Admin 525
8 Jun 1999 Admn	Immigration, Legal Aid	Casemap 1 Cites 1 Citers
	Legal Aid Act 1988
	Link[s] omitted

Regina -v- Secretary of State for Home Department and Lord Chancellor ex parte Shafiq Ur Rehman [1999] EWCA Civ 1613
17 Jun 1999 CA	Legal Aid, Immigration, Legal Aid	Casemap 1 Cites
	A representative of the IAS could be assumed to be skilled and experienced and knowledgeable enough to conduct a case before the Special Immigration Appeal Commissioners, and Legal Aid would not be granted to pay for counsel even though the points raised included genuine and important points of international and national law.
	Link[s] omitted

Regina -v- Secretary of State for Home Department and Lord Chancellor ex parte Shafiq Ur Rehman [1999] EWCA Civ 1613
17 Jun 1999 CA	Legal Aid, Immigration, Legal Aid	Casemap 1 Cites 1 Citers
	A representative of the IAS could be assumed to be skilled and experienced and knowledgeable enough to conduct a case before the Special Immigration Appeal Commissioners, and Legal Aid would not be granted to pay for counsel even though the points raised included genuine and important points of international and national law.
	Link[s] omitted

Winston Alderson Cooper and Vanessa Ann Cooper -v- Smith Llewelyn Partnership [1999] EWCA Civ 1692
25 Jun 1999 CA	Legal Aid, Legal Professions	Casemap 1 Cites
	Link[s] omitted

Regina -v- Legal Aid Board (Area 3) ex parte Cornelius [1999] EWHC Admin 661
9 Jul 1999 Admn	Legal Aid
	[ Bailii ]

Goulden -v- Wilson Barca [1999] EWCA Civ 1828; [1999] EWCA Civ 1837
14 Jul 1999 CA	Legal Professions, Legal Aid
	Obligations under contract between a solicitor and an expert witness to appear in a legally aided case were not limited by Legal Aid Regulations, and a solicitor agreeing to pay a witness's fees for attending as a witness was bound to pay them. The contract was not void for illegality, despite the statutory arrangements for payment for such attendances out of central funds.
	Legal Aid in Criminal and Care Proceedings (General) Regulations 1989 (1989 No 344) 55
	Link[s] omitted

Mcgladdery -v- Mcgladdery [1999] EWCA Civ 1909
21 Jul 1999 CA	Legal Aid	Casemap
	[ Bailii ]

Regina -v- Area Director of Legal Aid Board ex parte Edwin Coe [1999] EWHC Admin 719
21 Jul 1999 Admn	Legal Aid
	Link[s] omitted

In the Matter of an Application for Costs Against Legal Aid Board; Lancashire Fires Ltd -v- S A Lyons & Co Ltd and Others (No 2) [1999] EWCA Civ 1718
23 Jul 1999 CA	Legal Aid, Costs
	An application for payment of a successful party's costs out of the Legal Aid Fund should normally be made at the end of a trial, but it might well be made later when it proved impossible to recover costs against other parties to the action. In this case the delay did prevent it being just and equitable to make the order.
	Legal Aid Act 1974 18
	Link[s] omitted

Burridge; Allen -v- Stafford and Stafford [1999] EWCA Civ 1995
28 Jul 1999 CA	Legal Aid
	The Act and Regulations prescribe different tests for when someone is deemed to cease to be legally assisted. The two are trying to do slightly different things, and the Regulations are not intended to over-rule the Act. The Act prevails, and the time is fixed not by the discharge of the certificate, nor by the date on the court record, but rather the date he actually started to act in person.
	Legal Aid Act 1988 2 17 1 - Civil Legal Aid (General) Regulations 1989 (1989 No 399)
	Link[s] omitted

Commercial Acceptances Limited -v- Townsend Investments Inc (a Corporate Body Accordingthe Laws of Liberia); Oakes; Oakes; Fairbairn and Malkins (a Firm) [1999] EWCA Civ 2098
20 Aug 1999 CA	Litigation Practice, Legal Aid
	Application for stay of judgment pending grant of legal aid.
	Link[s] omitted

E -v- Legal Aid Board, Ex P W et Al (Minors)
25 Nov 1999 QBD	Legal Aid, Children, Local Government
	The legal aid board could refuse to grant legal aid to children involved in proceedings to refuse contact to a parent, because the regulations which applied were sufficiently widely drawn to allow a discretion to the local authority to pay the costs. In such circumstances it was not unreasonable for legal aid to be refused.
	Guardians ad Litem Reporting Officers (Panels) Regulations 1991 (1991 No 205) 9 - Children Act 1989 41(9) - Family Proceedings Rules 1991 (1991 No 1247) 4.23