Munday, R (on the application of) v Legal Services Commission [2001] EWCA Civ 1871 (4 December 2001)

Munday, R (on the application of) v Legal Services Commission [2001] EWCA Civ 1871 (4 December 2001)

The applicant had no realistic prospect of success in challenging the refusal of legal aid, as he failed to persuade leading counsel to change his unfavourable opinion, and the procedural history afforded him adequate opportunity to do so.

Source-derived case information.

Citation
[2001] EWCA Civ 1871
Parties
Claimant/applicant: Alfred Roy Munday; Defendant/respondent: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
04 December 2001
Procedural Posture
Application for Permission to Appeal (judicial Review) / Court of Appeal (civil Division) Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Judicial Review, Legal Aid Refusal, Prospects of Success, Procedural Fairness
Administrative Law Legal Aid Judicial Review Legal Aid Refusal Prospects of Success Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alfred Roy Munday

Claimant/applicant

Legal Services Commission

Defendant/respondent

Procedural Posture

Application for Permission to Appeal (judicial Review) / Court of Appeal (civil Division) Permission to Appeal

Legal Issues

  1. 1 Whether the refusal to grant legal aid was amenable to judicial review
  2. 2 Whether the applicant had any realistic prospect of success in challenging the refusal
  3. 3 Whether the conduct of the applicant's former solicitors affected the outcome

Ratio Decidendi

The applicant had no realistic prospect of success in challenging the refusal of legal aid, as he failed to persuade leading counsel to change his unfavourable opinion, and the procedural history afforded him adequate opportunity to do so.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused