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High Court considers the scope of the LAA statutory charge

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

Related Member(s):
Hugh Southey QC
Related Practice Area(s):
Human Rights, Prison Law, Public Law

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.