The Weekly Law Reports
[2018] 1 WLR 2112
Queen’s Bench Division
*Regina (Tirkey)
v
Director of Legal Aid Casework and another
[2017] EWHC 3403 (Admin)
2017 Dec 6,
7;
21
William Davis J
Legal aid— Costs— Human rights— Legally-aided claimant awarded damages in employment tribunal against couple by whom she was trafficked and forced to work in conditions of servitude— Claimant receiving nothing after Legal Aid Agency exercising statutory charge over damages paid— Whether exercise of statutory charge breaching claimant’s human rights— Whether operation of charge unlawful under European Union law— Whether claimant entitled to receive compensation under anti-trafficking Convention—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 4, 6, 14, Pt II, art 1
—
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c 10), s 25
—
Civil Legal Aid (Statutory Charge) Regulations 2013 (SI 2013/503), reg 5(1)(d)
—
Parliament and Council Directive 2011/36/EU, art 12
—
Charter of Fundamental Rights of the European Union (2004), art 47
—
Council of Europe Convention on Action against Trafficking in Human Beings (2005) (Cm 7465), art 15(4)
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