Hunt & Anor v Acres & Anor [2001] EWCA Civ 2088 (20 December 2001)

Hunt & Anor v Acres & Anor [2001] EWCA Civ 2088 (20 December 2001)

No prospect of success in revisiting the merits of the Tomlin Order or judge's appropriateness; Article 6 ECHR argument is new and requires further hearing with notice to Legal Services Commission.

Citation
[2001] EWCA Civ 2088
Parties
First Claimant: Mr. Hunt; Second Claimant: Mrs. Hunt; First Defendant: Mr. Acres; Second Defendant: Mrs. Acres; Intervener: Legal Services Commission
Jurisdiction
England and Wales
Judgment Date
20 December 2001
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Civil Division
Outcome
Application adjourned for further hearing on Article 6 ECHR point only; all other grounds dismissed.
Legal Topics
Statutory Charge, Tomlin Order, Article 6 ECHR, Legal Aid, Fair Trial
Civil Litigation Human Rights Legal Aid Statutory Charge Tomlin Order Article 6 ECHR Fair Trial

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Parties

Mr. Hunt

First Claimant

Mrs. Hunt

Second Claimant

Mr. Acres

First Defendant

Mrs. Acres

Second Defendant

Legal Services Commission

Intervener

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Civil Division

Legal Issues

  1. 1 Whether the compromise (Tomlin Order) should be set aside due to lack of legal aid and representation
  2. 2 Whether Judge Fletcher was an inappropriate judge due to circuit connections
  3. 3 Whether enforcement of statutory charge by Legal Services Commission breached Article 6 ECHR

Ratio Decidendi

No prospect of success in revisiting the merits of the Tomlin Order or judge's appropriateness; Article 6 ECHR argument is new and requires further hearing with notice to Legal Services Commission.

Court Disposition

Application adjourned for further hearing on Article 6 ECHR point only; all other grounds dismissed.

Orders

  • Application adjourned on notice to Legal Services Commission for hearing on Article 6 ECHR point
  • Applicant advised of risk of costs order if unsuccessful