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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Sisangia, R (on the application of) v Director of Legal Aid Casework  EWHC 3706 (Admin) (12 November 2014)
Cite as:  WLR 1891,  1 WLR 1891,  WLR(D) 482,  EWHC 3706 (Admin),  1 Costs LR 59
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| R (on the application of SUNITA SISANGIA
|- and -
|Director of Legal Aid Casework
(Transcript of the Handed Down Judgment of
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Sarah Ford (instructed by The Treasury Solicitor) for the Defendant
Hearing dates: 4 November 2014
Crown Copyright ©
Mr Justice Dingemans :
The alleged facts giving rise to the proposed claim
Claim for public assistance
Relevant statutory provisions
1(1) The Lord Chancellor must secure that legal aid is made available in accordance with this Part.
(2) In this Part "legal aid" means (a) civil legal services required to be made available under section 9
9(1) Civil legal services are to be available to an individual under this Part if - (a) they are civil legal services described in Part 1 of Schedule 1, and (b) the Director has determined that the individual qualifies for the services in accordance with this Part (and has not withdrawn the determination)".
21. Abuse of position or powers by a public authority
(1) Civil legal services provided in relation to abuse by a public authority of its position or powers.
(2) Sub-paragraph (1) is subject to-
(a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 3 of that Part
(3) The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.
(4) For the purposes of this paragraph, an act or omission by a public authority does not constitute an abuse of its position or powers unless the act or omission
(a) is deliberate or dishonest, and
(b) results in harm to a person or property that was reasonably foreseeable
(5) In this paragraph
"clinical negligence" means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services).
22 Breach of Convention rights by public authority
(1) Civil legal services provided in relation to
(a) a claim in tort .
in respect of an act or omission by a public authority that involves a significant breach of Convention rights by the authority.
(2) Sub-paragraph 1 is subject to-
(a) the exclusions in Part 2 of this Schedule, with the exception of paragraphs 3 ".
"3 Civil legal services provided in relation to a claim in tort in respect of assault, battery or false imprisonment."
Relevant legal principles
The enacting history
The proper interpretation of paragraph 21