P v A Local Authority

P v A Local Authority

The statutory charge does not apply to the damages awarded to P because the claim for damages was not funded by the Legal Aid Agency and was not recovered in proceedings in connection with which civil legal services were provided. The Lord Chancellor has no discretion to waive the statutory charge in this case as the preconditions were not satisfied at the time of funding determination.

Parties
Applicant: P; Respondent: A Local Authority; Interested Party: The Lord Chancellor and The Legal Aid Agency
Jurisdiction
England and Wales
Judgment Date
04 November 2016
Procedural Posture
Wardship / Human Rights Act Claim / Judgment on Damages and Statutory Charge
Outcome
Statutory charge does not apply; damages awarded to P.
Legal Topics
Article 8 ECHR, Statutory Charge, Damages for Breach of Convention Rights, Legal Aid Agency Funding, Wardship, Disclosure of Information
Family Law Human Rights Legal Aid Article 8 ECHR Statutory Charge Damages for Breach of Convention Rights Legal Aid Agency Funding Wardship +1 more

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Parties

P

Applicant

A Local Authority

Respondent

The Lord Chancellor and The Legal Aid Agency

Interested Party

Procedural Posture

Wardship / Human Rights Act Claim / Judgment on Damages and Statutory Charge

Legal Issues

  1. 1 Whether the statutory charge applies to damages awarded for breach of Article 8 rights
  2. 2 Whether the Lord Chancellor has discretion to waive the statutory charge
  3. 3 Whether damages awarded in Part 8 proceedings are recovered in connection with funded proceedings

Ratio Decidendi

The statutory charge does not apply to the damages awarded to P because the claim for damages was not funded by the Legal Aid Agency and was not recovered in proceedings in connection with which civil legal services were provided. The Lord Chancellor has no discretion to waive the statutory charge in this case as the preconditions were not satisfied at the time of funding determination.

Court Disposition

Statutory charge does not apply; damages awarded to P.

Orders

  • Damages of £4750 awarded to P for breach of Article 8 rights.
  • Local authority to pay costs of Part 8 proceedings incurred by P's legal team.