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Northamptonshire County Council & Anor v The Lord Chancellor (via the Legal Aid Agency) [2018] EWHC 1628 (Fam)

Oct 1, 2018, 05:12 AM
Practice and procedure – Care proceedings – Human Rights Act 1998 – Legal Aid Agency statutory charge – Circumstances in which the Legal Aid Agency statutory charge will apply to damages recovered pursuant to Human Rights Act proceedings
Position statement from Legal Aid Agency published and appended to judgment to be read in the context of all HRA claims where similar cost issues arise.
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Date : Jul 5, 2018, 03:56 AM
Article ID : 117254

(Family Division, Francis J, 5 June 2018)

Practice and procedure – Care proceedings – Human Rights Act 1998 – Legal Aid Agency statutory charge –  Circumstances in which the Legal Aid Agency statutory charge will apply to damages recovered pursuant to Human Rights Act proceedings

Position statement from Legal Aid Agency published and appended to judgment to be read in the context of all HRA claims where similar cost issues arise.


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Neutral Citation Number: [2018] EWHC 1628 (Fam)
Case No: FD17F00071
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 05/6/2018
Before:

THE HON. MR JUSTICE FRANCIS

- - - - - - - - - - - - - - - - - - - - -

Between:

NORTHANTS. COUNTY COUNCIL
A.W. (THE FATHER)
Applicants

- and -

THE LORD CHANCELLOR
(via THE LEGAL AID AGENCY)
Respondent

- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -

William Tyler QC & Ben Mansfield (instructed by LGSS Law) (for the Local Authority) and
Atherton Godfrey LLP (for AW)) for the Applicants
Malcolm Birdling (instructed by Government Legal Department) for the Respondent

Hearing date: 26 February 2018

- - - - - - - - - - - - - - - - - - - - -

Judgment Approved

This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

Judgment: 
Northamptonshire County Council v The Lord Chancellor [2018] EWHC 1628 (Fam).pdf
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