Lehram Capital Investments Ltd, R (on the application of) v Southwark Crown Court & Anor
[2023] EWHC 3190 (Admin)
SPM (R on the application of) v Secretary Of State For The Home Department
4 July 2023
[2023] EWCA Civ 764
Court of Appeal
A woman in an immigration detention center said it was too hard to see a lawyer because the center was far from lawyers' offices. The court said that while it's better to see a lawyer in person, phone and video calls were good enough and didn't stop her from getting legal help.
Key Facts
- •SPM, a South African asylum seeker with limited English, was detained at Derwentside IRC.
- •Derwentside's location in County Durham made in-person legal visits difficult for legal aid solicitors.
- •Contingency arrangements for legal aid during the relevant period (December 2021-June 2022) primarily used telephone and video conferencing.
- •SPM argued this lack of in-person access created a real risk of infringing her common law right to access justice.
- •The judge dismissed SPM's claim, finding the arrangements adequate.
Legal Principles
Anxious scrutiny applies when assessing fundamental rights.
R (MN) v SSHD
Right of access to justice means effective access in the real world.
R (UNISON) v Lord Chancellor
Lack of legal aid can, in certain circumstances, obstruct the fundamental common law right of access to justice.
R v Lord Chancellor ex p Witham
The power to detain is subject to observance of detainees' fundamental rights; breach of these rights can invalidate detention.
R (Lumba) v SSHD
Legal aid services can be provided by telephone or other electronic means.
LASPO, Section 27(2)
The individual's choice of means for legal service provision is irrelevant.
LASPO, Section 27(1)
Outcomes
Appeal dismissed.
The court found no fundamental right to in-person legal services and that the contingency arrangements, while not ideal, did not create a real risk of denying effective access to justice.
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