Humberstone, R (on the application of) v Legal Services Commission

Humberstone, R (on the application of) v Legal Services Commission

The Commission's decision failed to properly consider the nature and seriousness of allegations against the claimant and her ability to participate effectively without representation, resulting in a breach of Article 2 ECHR and the Funding Code; the decision was unlawful and must be quashed.

Parties
Claimant: Claire Humberstone; Defendant: Legal Services Commission; Interested Party: HM Coroner for South Yorkshire (West)
Jurisdiction
England and Wales
Judgment Date
13 April 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
Judicial review allowed; Commission's decision quashed.
Legal Topics
Article 2 ECHR, Legal Aid, Coroners Inquest, Effective Investigation, Public Funding
Administrative Law Human Rights Law Article 2 ECHR Legal Aid Coroners Inquest Effective Investigation Public Funding

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Parties

Claire Humberstone

Claimant

Legal Services Commission

Defendant

HM Coroner for South Yorkshire (West)

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Article 2 ECHR is engaged in the circumstances of the inquest into Dante Kamara's death
  2. 2 Whether refusal to recommend public funding for legal representation breaches Article 2 and the Lord Chancellor's Funding Code
  3. 3 Whether the Commission properly considered the nature and seriousness of allegations against the claimant and her ability to participate effectively without representation

Ratio Decidendi

The Commission's decision failed to properly consider the nature and seriousness of allegations against the claimant and her ability to participate effectively without representation, resulting in a breach of Article 2 ECHR and the Funding Code; the decision was unlawful and must be quashed.

Court Disposition

Judicial review allowed; Commission's decision quashed.

Orders

  • Decision of the Legal Services Commission dated 5 June 2009 not to recommend public funding for representation at the inquest is quashed.
  • Parties to lodge draft agreed order or written representations within 21 days.