R (Oji) v Director of Legal Aid Casework

Subject Matter

LEGAL AID — Availability — Civil legal aid — Claimant applying for legal aid by way of exceptional case funding for purpose of claiming compensation under Windrush Compensation Scheme — Director of Legal Aid Casework refusing to grant exceptional case funding on basis claimant’s Convention rights not engaged — Whether claimant’s Convention rights to fair trial and respect for private and family life engaged in process of claiming compensation — Whether director having general discretion to grant exceptional case funding where Convention rights not engaged — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 8 — Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), s 10(3)

[2024] EWHC 1281 (Admin); [2024] 4 WLR 53; [2024] WLR(D) 255, KBD

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