R v Lord Chancellor, ex p Witham

Question 1

when was this case

Answer 1

1997

Question 2

which court?

Answer 2

Queen’s Bench Divison

Question 3

How many judges?

Answer 3

2

Rose LJ and Laws J

Question 4

who brought this case to court

Answer 4

R (on behalf of Witham)

Question 5

facts of the case

Answer 5

Supreme Court Fees (Amendment) Order 1996 repealed provisions which allowed those on income support or exceptional financial hardship to not have to pay court fees.
Witham (on income support) claimed this was ultra vires as it violated his right to access to a court –> applied for judicial review

Question 6

what did the judges say / what was the outcome

Answer 6

held that access to court was a constitutional right.
Laws J “The fact that section 130 of the Supreme Court Act 1981 authorises the setting of fees should not be taken, without express words, as authorising the denial of access to the courts by impoverished people”

Question 7

ratio

Answer 7

not sure ngl