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20 November 2019
Issue: 7865 / Categories: Legal News
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Clarity on legal aid in civil contempt proceedings

Litigants in person should seek legal aid from the Legal Aid Agency not the High Court for civil contempt proceedings, Mr Justice Chamberlain has said in a case about an alleged ticket tout

Delivering judgment in The All England Lawn Tennis Club (Championships) Ltd v McKay (No 2) [2019] EWHC 3065 (QB), Chamberlain J highlighted a lack of clarity regarding how an individual facing an application in the High Court to commit them to prison for contempt should go about claiming legal aid. ‘There is no real doubt that such individuals are entitled to legal aid,’ he said, ‘the question is who has power to grant it’.

Solicitor advocate and NLJ columnist David Burrows said: ‘In proceedings in which the All England Lawn Tennis Club were seeking to commit an alleged ticket tout for failure to comply with an order against him, Chamberlain J considered who should grant any legal aid to him.

‘He said an earlier decision (King’s Lynn and West Norfolk Council v Bunning [2013] EWHC 3390 (QB)) was wrong and that it was for the Legal Aid Agency’s specialist committal department to grant legal aid within the criminal legal aid scheme (though the committal was within civil proceedings).’

Chamberlain J concluded that his decision should have no practical effect on the availability of legal aid because the Legal Aid Agency has an established procedure for determining applications expeditiously in cases of this sort. He encouraged litigants and providers of legal services to use this procedure rather than apply to the High Court for representation orders. For Court of Appeal cases, however, applications should be made to the court.

Issue: 7865 / Categories: Legal News
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NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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