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EVIDENCE, PRACTICE AND PROCEDURE: Stare decisis does not apply where statute overrides

Date:3 MAY 2013
Solicitor Advocate

David Burrows - Practice of Family Law: Evidence and Procedure

David Burrows The cases of Re JG (a child by her guardian) v Legal Services Commission and ors (incl Law Society and Secretary of State for Justice) [2013] EWHC 804 (Admin) and R (on the application of T) v Legal Aid Agency & ors [2013] EWHC 960 (Admin) dealt with similar problems. The second dealt with a challenge to the Legal Aid Agency (‘LAA’) to refuse to provide reasons to the court where it (the children court) had said why an expert’s fee should be paid; whilst the first – long long after the event and by a Family Division judge – allowed the LAA (as it became) to refuse to comply with a court order that it should pay the expenses as directed by the court (again in children proceedings). JG was under Children Act 1989 Part 2 where only the child had legal aid T was under Part 4...

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