“…h earlier authorities on exclusion of rights of access “by necessary implication” as noted by Laws J in R v Lord Chancellor ex parte Witham (“ex parte Witham”) [1998] QB 575 at 585-6. Having cited further authorities on this issue, Cockerill J concluded at [75]:…”
“…s no fundamental common law right to be provided with legal aid, saying that “the law has evolved since Witham” (a reference to R v Lord Chancellor ex p Witham [1998] QB 575) and that “a lack of legal aid provision can, in certain circumstances, (for example, where a person is held in detention), constitute an obstacle to the funda…”
“…hout appropriately clear primary legislation. It was not therefore a case to which the decision of the Divisional Court in R v Lord Chancellor, ex parte Witham [1998] QB 575 applied.…”
“…courage many potential claimants from bringing claims at all. Having referred to the approach of earlier authorities (notably R v Lord Chancellor exparte Witham[1998] QB 575 and R (Hillingdon London Borough Council) v LordChancellor [2008] EWHC 2683 (Admin); [2009] 1 FLR 39, both also court/tribunal fee cases), Lord Reed said (at […”