The WLR Daily case summaries
[2025] WLR(D) 181
King’s Bench Division
Rex (HJK and others) v Director of Legal Aid Casework
[2025] EWHC 774 (Admin)
2025 March 5, 6; April 1
Calver J
Legal aid— Availability— Civil legal aid— Secretary of State making reasonable grounds decisions that claimants victims of human trafficking— Claimants applying for exceptional case funding to obtain legal advice and assistance to claim compensation— Defendant concluding exceptional case determination not justified as no Convention rights engaged— Whether defendant erring— Whether contracting states under positive obligation to ensure victims of trafficking able to access state compensation schemes intended to facilitate victims’ recovery from injuries suffered in course of human trafficking by third parties— Whether decision incompatible with right to fair trial—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 4, 6
—
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), s 10(2)(3)