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.

Blog

Blog

Injunctions in the Court of Protection – what are the limits?

The extent of the Court of Protection’s power to grant injunctions has not always been clear, to judges and lawyers alike. Practitioners will recall that...

Blog

International Women’s Day 2023

As part of our celebration of this year’s International Women’s Day we are highlighting Anna Morris – an exceptional barrister who has recently been appointed...

Blog

What is it like to be a GCN Practice Manager?

We asked our practice managers, Christian Wolfenden and Michael Johnston to share their experiences of the role and how it differs from other places they...

Blog

High Court Allows Judicial Review Claim on Universal Credit Overpayment Recovery

R. (on the application of K) v Secretary of State For Work and Pensions [2023] EWHC 233 (Admin) Anyone with any experience trying to negotiate...

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up