Re-determination decisions purportedly made under the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 when they should have been treated as reviews under the Legal Aid for Crown Court Proceedings (Costs) (Amendment) Rules (Northern Ireland) 2009 were not amenable to judicial review because the jurisdiction under the 2005 Rules was analogous to that under the Criminal Appeal (Northern Ireland) Act 1980. The decisions were, however, void because of the court's failure to consider the exercise of its discretion to allow intervention by the Lord Chancellor.

HC (NI) (Master Redpath)

22/03/2012