Bhatia Best LTD v Lord Chancellor [2014] EWHC 746 (QB) (17 March 2014)
Section 204 of the Housing Act 1996 does not expressly require the county court, by enactment, to apply judicial review principles; therefore, such appeals do not fall within the Public Law Category for civil legal aid post-LASPO.
- Citation
- [2014] EWHC 746
- Parties
- Claimant: Bhatia Best Limited; Defendant: Lord Chancellor
- Jurisdiction
- England and Wales
- Judgment Date
- 17 March 2014
- Procedural Posture
- Contractual Dispute Regarding Legal Aid Entitlement / High Court (queen's Bench Division) Judgment on Claim Under Cl. 28.7 of the Standard Terms
- Outcome
- Claim dismissed
- Legal Topics
- Statutory Interpretation, Judicial Review Principles, Legal Aid Eligibility, Homelessness Appeals, Contractual Interpretation
Case Brief
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Parties
Bhatia Best Limited
Claimant
Lord Chancellor
Defendant
Procedural Posture
Contractual Dispute Regarding Legal Aid Entitlement / High Court (queen's Bench Division) Judgment on Claim Under Cl. 28.7 of the Standard Terms
Legal Issues
- 1 Whether section 204 appeals under the Housing Act 1996 fall within the Public Law Category for civil legal aid post-LASPO
- 2 Whether section 204 requires the county court to apply judicial review principles as defined in paragraph 19(10) of Part 1, Schedule 1 to LASPO
Ratio Decidendi
Section 204 of the Housing Act 1996 does not expressly require the county court, by enactment, to apply judicial review principles; therefore, such appeals do not fall within the Public Law Category for civil legal aid post-LASPO.
Court Disposition
Claim dismissed
Full Case Text
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