P v Local Authority

Legal aid – Charge on property recovered for deficiency of costs. The Family Division held that the Legal Aid Agency's (LAA) statutory charge under s 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 could not be applied to damages which were to be awarded to P as a result of the settlement of his potential claim against a local authority for breach of his rights under the Human Rights Act 1998 (the HRA claim). In the circumstances, the HRA claim, which the LAA had refused to fund, had been entirely separate from earlier wardship proceedings which the LAA had funded.

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