R. (o.a.o. Khan) v. The Director of Legal Aid Casework [2018] 11 WLUK 77


Mr. Justice Ouseley has given judgment in R. (Khan) v. The Director of Legal Aid Casework, dismissing the claimant’s claim for judicial review of the defendant’s determination and issue of a Capital Contribution Order under regulation 29 of the Criminal Legal Aid (Contribution Orders) Regulations 2013. The case raised issues of statutory construction and, in particular, whether in making a determination under regulation 29 of the Regulations the Director had a discretionary power to apportion the costs payable by Mr Khan, having regard to the fact that he had not been convicted of all offences with which he had been charged. Ouseley J. held that no such power existed, that the Regulations operated fairly and that there had been no interference with Mr Khan’s property rights under Article 1 of the First Protocol of the European Convention on Human Rights.

Simon McLoughlin appeared for the successful defendant.