Scottish Legal Aid Board v. Shields [2004] ScotCS 79 (26 March 2004)

The appellant failed to disclose a material change of circumstances, justifying withdrawal of legal aid and repayment of the sum claimed; there was no real defence in law to the action.

Source-derived case information.

Citation: [2004] ScotCS 79
Parties: Pursuer and Respondent: Scottish Legal Aid Board; Defender and Appellant: Duncan Shields
Jurisdiction: Scotland
Judgment Date: 26 March 2004
Procedural Posture: Appeal / Appeal From Summary Decree in Sheriff Court
Outcome: appeal dismissed
Legal Topics: Withdrawal of Legal Aid, Material Change of Circumstances, Summary Decree

Civil Procedure Legal Aid Withdrawal of Legal Aid Material Change of Circumstances Summary Decree

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Parties

Scottish Legal Aid Board

Pursuer and Respondent

Duncan Shields

Defender and Appellant

Procedural Posture

Appeal / Appeal From Summary Decree in Sheriff Court

Legal Issues

1 Whether the Scottish Legal Aid Board was entitled to withdraw legal aid due to non-disclosure of a material change of circumstances
2 Whether there was a valid defence to the Board's claim for repayment

Ratio Decidendi

The appellant failed to disclose a material change of circumstances, justifying withdrawal of legal aid and repayment of the sum claimed; there was no real defence in law to the action.

Court Disposition

appeal dismissed

Orders

summary decree for payment of £7,272.74 affirmed

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