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High Court, in planning and development judicial review proceedings challenging a decision of the Legal Aid Board refusing civil legal aid to the applicant - as a limited company and 'legal person', on grounds that the statutory regime currently in place does not permit such entities to legal aid, rules that: the Attorney General must be put on notice of the proceedings and become a party to the proceedings concerning the question of whether EU law imposes an obligation on the High Court to interpret the legal aid statutory regime to include such 'legal persons' in order to achieve the EU law objective that certain judicial procedures not be prohibitively expensive.
Judicial review - decision deeming applicant as a company limited by guarantee is excluded from ambit of statutory legal aid regime - whether legal aid legislative regime excludes 'legal persons' from scope of provisions granting legal aid - interpretation of legislation - statutory interpretation - objective of national environmental law that litigation not be prohibitively expensive - aarhus convention - national special costs rules in environmental litigation - whether special costs rules fulfil requirements of aarhus convention require input of attorney general - procedures analogous to order 60 RSC - attorney general to be put on notice of proceedings and delivered copies of pleadings and arguments with liberty to apply
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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