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14 April 2011
Issue: 7461 + 7462 / Categories: Case law , Law digest
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Community legal service funding

F and others v Legal Services Commission [2011] EWHC 899 (QB), [2011] All ER (D) 95 (Apr)

Whether someone would suffer financial hardship if their costs were not reimbursed by the losing party was a question of fact and degree. There was no absolute standard by which that could be judged, nor that whether someone had suffered or would suffer financial hardship should be gauged against the criteria laid down for determining whether a person was eligible for public funding in order to bring a claim. If there was to be an absolute standard, it was reasonable to ask what it was.

If Parliament had intended there to be one, or had wished to provide specific criteria against which financial hardship should be judged (whether absolute or otherwise) then it would and could have so provided in the Community Legal Service (Cost Protection) Regulations 2000, SI 2000/824. There had been a deliberate and significant relaxation of the formerly stringent test by the removal of the word “severe”.

There was an obvious difficulty in

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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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