High Court considers the scope of the LAA statutory charge


Re: R (Faulkner) v Director of Legal Aid Casework [2016] EWHC 717 (Admin)

The claimant prisoner applied for judicial review of the defendant’s decision to refuse to waive a statutory charge imposed pursuant to the Access to Justice Act 1999, s 10(7), where a cost order had been granted in favour of the parole board. The court held that a waiver had to occur at the beginning or during a case. There was a discretion to waive the charge where proceedings had wider public interest and it was cost-effective to fund that particular claimant.

Hugh Southey QC and Paul Nicholls QC were involved in this case.