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

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

A declaration of incompatibility with Article 6 ECHR regarding the remuneration provisions for counsel is not appropriate in the absence of a concluded process in the applicant's individual case; breaches of Article 6 are personal and must be determined in the context of the specific proceedings.

Source-derived case information.

Parties
Claimant: Sean Chaney; Defendant: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
22 September 2008
Procedural Posture
Judicial Review / Renewed Application for Permission for Declaration of Incompatibility
Outcome
Application dismissed
Legal Topics
Legal Aid, Confiscation Proceedings, Article 6 ECHR, Access to Justice, Remuneration of Counsel
Constitutional Law Criminal Law Human Rights Law Legal Aid Confiscation Proceedings Article 6 ECHR Access to Justice Remuneration of Counsel

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Parties

Sean Chaney

Claimant

Legal Services Commission

Defendant

Procedural Posture

Judicial Review / Renewed Application for Permission for Declaration of Incompatibility

Legal Issues

  1. 1 Whether the low rates of remuneration for counsel under the Criminal Defence Service Funding Order 2001 are incompatible with Article 6(1) of the European Convention on Human Rights
  2. 2 Whether a declaration of incompatibility should be granted in advance of the conclusion of the confiscation proceedings

Ratio Decidendi

A declaration of incompatibility with Article 6 ECHR regarding the remuneration provisions for counsel is not appropriate in the absence of a concluded process in the applicant's individual case; breaches of Article 6 are personal and must be determined in the context of the specific proceedings.

Court Disposition

Application dismissed

Orders

  • Permission to apply for a declaration of incompatibility refused