Finucane, Re Judicial Review [2012] NICA 12 (15 May 2012)

Finucane, Re Judicial Review [2012] NICA 12 (15 May 2012)

In cases where a criminal aid certificate was granted before 13 April 2011, the 2005 Rules govern the assessment of costs, even if a new certificate is granted to assign a different solicitor after that date. Rule 3(2) of the 2011 Rules is clear and creates a statutory exception to the new remuneration regime.

Citation
[2012] NICA 12
Parties
Applicant/respondent: John Finucane; Respondent/appellant: Northern Ireland Legal Services Commission (LSC); Intervener: Department of Justice (DoJ); Intervener: Bar Council of Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
15 May 2012
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Legal Aid Certificates, Assignment of Solicitors, Transitional Provisions in Legal Aid Remuneration, Interpretation of Statutory Rules
Administrative Law Criminal Law Legal Aid Legal Aid Certificates Assignment of Solicitors Transitional Provisions in Legal Aid Remuneration Interpretation of Statutory Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Finucane

Applicant/respondent

Northern Ireland Legal Services Commission (LSC)

Respondent/appellant

Department of Justice (DoJ)

Intervener

Bar Council of Northern Ireland

Intervener

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the 2011 Rules or 2005 Rules apply to remuneration when a new solicitor is assigned after 13 April 2011 under a criminal aid certificate granted before that date
  2. 2 Whether assignment of a new solicitor requires a new criminal aid certificate or amendment of the original certificate

Ratio Decidendi

In cases where a criminal aid certificate was granted before 13 April 2011, the 2005 Rules govern the assessment of costs, even if a new certificate is granted to assign a different solicitor after that date. Rule 3(2) of the 2011 Rules is clear and creates a statutory exception to the new remuneration regime.

Court Disposition

Appeal dismissed

Orders

  • The decision of Treacy J is upheld, but for different reasons as set out in the judgment.
  • Costs to be assessed under the 2005 Rules in this case.