Delay in obtaining Legal Aid “not complete answer” to failure to comply

15 December 2015

A recent Court of Appeal decision, R (on the application of) Kigen and Anor  v Secretary of State for the Home Department [2015] EWCA Civ 1286 has ruled that “it [is] no longer appropriate to treat delay in obtaining Legal Aid as a complete answer to a failure to comply with procedural requirements”. Garden Court North Chambers’ Gary Willock considers the decision.

This decision is worth reading in full although the central point is set out below:

[20] “…solicitors in general may have been under the impression that any delay awaiting a decision by the Legal Aid Agency would simply be ignored if an extension of time were required as a result. That is not the case and it is to be hoped that any such misunderstanding will have been dispelled as a result of the decision in this case. Those acting for parties in the position of these appellants will in future need to take steps either to lodge the necessary form promptly on behalf of their clients or to advise them of the need to do so on their own behalf.

This case is of relevance to civil practitioners working in Legal Aid who may be arguing delays with the LAA as justification for the court to exercise its discretion in relation to failure to comply with court deadlines.

Gary Willock is a barrister at Garden Court North Chambers.

News

News

Bethany Currie successfully defends mandatory rent arrears ground possession claim

The private landlord who brought the possession claim alleged that the defendant owed £7,000 in unpaid rent.

News

Inquest into the death of Josh Perry bolsters calls for Gabe’s Law to prevent future car park deaths

Garden Court North’s Christian Weaver represented Josh Perry’s family during the inquest into his death at a car park in Liverpool.

News

Rosalind Burgin wins 100% rent in damages for disrepair counterclaim

Garden Court North’s Rosalind Burgin successfully secured damages for 100% of her client’s rent in a counterclaim for disrepair.

News

Covid-19 Inquiry’s Module 4 report: public trust in vaccines needs rebuilding and vaccine injury compensation is inadequate

Garden Court North’s inquests and public inquiries’ team represents the Covid-19 Bereaved Families For Justice UK at the Covid Inquiry.