Case No: CO/1862/2022
In the High Court of Justice
Queen’s Bench Division
23 June 2022
Richard Clayton QC sitting as a Deputy High Court Judge
The Queen on the application of
Director of Legal Aid Casework
Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)
Following consideration of the documents lodged by the Claimant and the Acknowledgement of Service filed by the Defendant
ORDER by Richard Clayton QC sitting as a Deputy High Court Judge
1. An anonymity order is made in relation to the Claimant in accordance with CPR 39. 2(4) on the ground that it is necessary to secure the proper administration of justice and in order to protect the interest of the Claimant.
2. The application for permission to apply for judicial review is refused.
3, No order for costs.
1. The Claimant seeks permission to judicially review the Defendant’s decision on 25 February 2022 to refuse exceptional case funding under s 10(2) of the Legal Aid Punishment and Sentencing Act 2012 when making a an exceptional case determination and a determination that the Claimant qualified for services in accordance with Pt 1 of the 2012 Act.
2. On 6 May 2022 the Claimant sent a pre-action protocol letter. On 20 May 2022 the Defendant’s Director replied confirming that a fresh review of the decision would be conducted within 25 days of 20 May 2022.
3. In the circumstances the decision of 25 February 2022 has been overtaken by the review and any judicial review challenge to that decision has become academic.
4. In my judgment it is not appropriate to grant a stay in respect of a decision when the Defendant has already agreed to review that decision.