This approach was used in R v Lord Chancellor, ex parte Witham [1997] 2 All ER 779 to challenge the scale of court fees set by the Lord Chancellor. Witham wished to sue for defamation but the fee was set at £500 and he was unemployed. He asked for waiver of the fee, but the local court held that [...]. He sought judicial review of the Lord Chancellor's decision in setting the court fees. He argued that his right of access to the court was being denied by the scale of fees and the court's refusal to waive them. It was held that the Act did not authorise the Lord Chancellor to set fees at such a level that access to the courts, a fundamental right, was denied. The instrument was declared to be ultra vires the Act.
Answer
it had no power to do so under the statutory instrument
Tags
#illegality #judicial-review #public
Question
This approach was used in R v Lord Chancellor, ex parte Witham [1997] 2 All ER 779 to challenge the scale of court fees set by the Lord Chancellor. Witham wished to sue for defamation but the fee was set at £500 and he was unemployed. He asked for waiver of the fee, but the local court held that [...]. He sought judicial review of the Lord Chancellor's decision in setting the court fees. He argued that his right of access to the court was being denied by the scale of fees and the court's refusal to waive them. It was held that the Act did not authorise the Lord Chancellor to set fees at such a level that access to the courts, a fundamental right, was denied. The instrument was declared to be ultra vires the Act.
Answer
?
Tags
#illegality #judicial-review #public
Question
This approach was used in R v Lord Chancellor, ex parte Witham [1997] 2 All ER 779 to challenge the scale of court fees set by the Lord Chancellor. Witham wished to sue for defamation but the fee was set at £500 and he was unemployed. He asked for waiver of the fee, but the local court held that [...]. He sought judicial review of the Lord Chancellor's decision in setting the court fees. He argued that his right of access to the court was being denied by the scale of fees and the court's refusal to waive them. It was held that the Act did not authorise the Lord Chancellor to set fees at such a level that access to the courts, a fundamental right, was denied. The instrument was declared to be ultra vires the Act.
Answer
it had no power to do so under the statutory instrument
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Open it itham [1997] 2 All ER 779 to challenge the scale of court fees set by the Lord Chancellor. Witham wished to sue for defamation but the fee was set at £500 and he was unemployed. He asked for waiver of the fee, but the local court held that <span>it had no power to do so under the statutory instrument. He sought judicial review of the Lord Chancellor's decision in setting the court fees. He argued that his right of access to the court was being denied by the scale of fees and the c
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