R (Brady) v Lord Chancellor [2017] EWHC 410 (Admin)

Choice of representative To obtain Legal Aid funding, a representative must have a contract under LASPO 2012 covering mental health law, and there is no ECHR right to publicly-funded representation for a lawyer of choice. "In this case, Ian Stewart Brady applies for permission to bring a claim for judicial review of two decisions relating to his legal representation in proceedings before the First-Tier Tribunal (Health, Education and Social Care Chamber) Mental Health. The Claimant wishes to be represented at those proceedings by a solicitor, Mr Robin Makin, and is seeking public funding for that representation. The decisions challenged are: (1) The decision of the Lord Chancellor dated 3 November 2016, the First Defendant, effectively not to make available or facilitate the public funding of Mr Makin as the Claimant's solicitor in the Proceedings. (2) The decision of the Tribunal, the Second Defendant, dated 4 October 2016 declining to appoint Mr Makin as the Claimant's legal representative under Rule 11(7)(a) of the Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008."


Full judgment: BAILII


  • Other Tribunal cases🔍

Date: 20/2/17🔍

Court: High Court (Administrative Court)🔍



  • Ian Brady🔍
  • Lord Chancellor🔍
  • First-tier Tribunal (Health🔍
  • Education and Social Care Chamber) Mental Health🔍
  • Merseyside NHS Foundation Trust🔍
  • Secretary of State for Justice🔍

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Published: 10/6/17 00:03

Cached: 2024-04-25 07:16:47