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England and Wales decisions
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The Court of Appeal held that unauthorised staff may perform litigation tasks for an authorised individual, if the authorised person retains responsibility and proper supervision is in place.
The Court of Appeal held that these litigation funding agreements were not damages-based agreements, and that it had no jurisdiction to hear the proposed appeal.
C (Lay Advocates) (No.2) Secretary State For Justice v A Local Authority & Ors [2020] EWHC 1762 (Fam) (03 July 2020)
The High Court clarified that HMCTS funds lay advocates at hearings, while the Legal Aid Agency may fund out-of-court support if reasonable and justified.
Case management ruling in MMR/MR vaccine group litigation after public funding was withdrawn, addressing discontinuance, future conduct, settlement terms, and costs.
The High Court refused a non-party costs order against a professional litigation funder, holding that access to justice outweighed any risk not shown in the funding arrangement.
Witham, R (on the application of) v Lord Chancellor [1997] EWHC Admin 237 (7th March, 1997)
The 1996 Order is ultra vires because section 130 of the Supreme Court Act 1981 does not specifically empower the Lord Chancellor to prescribe fees that would deny access to the courts to those unable to pay. Access to the courts is a constitutional right that cannot be abrogated by general statutory language; only express or necessarily implied statutory authority can do so, which is absent here.
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