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R v Lord Chancellor, ex p Witham [1997] 2 All ER 779

By Oxbridge Law TeamUpdated 04/01/2024 07:14

Judgement for the case R v Lord Chancellor, ex p Witham

Table Of Contents

  • The Lord Chancellor sought to take away several financial aids from poor litigants, e.g. power of Lord Chancellor to remit fees to court in cases of hardship.

  • The court granted an application of a poor litigant for judicial review on this matter because the rule would usurp from many people their constitutional right: access to the courts.

  • This was the case despite that an act of parliament conferred certain powers on the Lord Chancellor:

    • The court said that nothing in the legislation intended for the LC to be able to take away people’s constitutional right to access the courts.Β 

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