IN THE COURT OF APPEAL
Affidavit of L F Foley 1 Applicant/DeponentON APPEAL FROM THE HIGH COURT OF JUSTICE No of Affidavit :- 1
Sworn on the day of
QUEEN'S BENCH DIVISION March 1997
DIVISIONAL COURT
(THE RIGHT HONOURABLE LORD JUSTICE ROSE AND
THE HONOURABLE MR JUSTICE HOOPER)
CO/0565/96
IN THE MATTER OF section 42(1) of the Supreme Court Act 1981 as amended by section 24 of the Prosecution of Offences Act 1985
AND IN THE MATTER OF Lewis Frank Foley and Harry Desmond Foley
B E T W E EN :- HER MAJESTY'S ATTORNEY-GENERAL Respondent/
Applicant
- and -
LEWIS FRANK FOLEY 1 Applicant/
Respondent
and
HARRY DESMOND FOLEY 2 Applicant/
Respondent
______________________________________________________________
FIRST AFFIDAVIT OF LEWIS FRANK FOLEY
______________________________________________________________
I LEWIS FRANK FOLEY a Clerk of 59/61 Lower High Street Cradley Heath West Midlands B64 5AF MAKE OATH and SAY as follows :-
1. I attended the hearing before the Divisional Court on the 18 day of February 1997 when an application was heard in respect of myself and the 2 Applicant Harry Desmond Foley for Civil Proceedings Orders to be made in respect of ourselves under section 42(1) of the Supreme Court Act 1981 in respect of civil proceedings brought by both of us.
2. Prior to the hearing I had applied to the Legal Aid Board who had refused my initial application for a Legal Aid Certificate.
3. I duly lodged an appeal against this refusal to the Area Committee under regulation 35(1) of the Civil Legal Aid (General) Regulations 1989 but this was not able to be heard before the hearing of the application for a Civil Proceedings Order against me which was listed for the 18 day of February 1997.
4. I wrote to the Crown Office requesting that the fixture listed for the 18 day of February 1997 be vacated to enable me to appeal to the Area Committee but no action was taken in relation to my request.
5. At the commencement of the proceedings before the Divisional Court on the 18 day of February 1997 and prior to counsel for HM Attorney-General addressing the court I requested to the court that the application be adjourned as I still had my appeal pending to the Area Committee.
6. After I had informed the court of the facts and circumstances relating to my Legal Aid application Lord Justice Rose announced to the court specifically addressing his comments to Mr Ian Burnett counsel appearing for HM Attorney-General that the proceedings should continue.
7. I verily believe therefore that I was denied natural justice by being denied the fundamental right to be represented by counsel in the event that my appeal had been successful under regulation 39(1)(b) and/or (c) and/or (d) of the Civil Legal Aid (General) Regulations 1989.
8. I would therefore most respectfully submit to this Honourable Court that the hearing of the application for the Civil Proceedings Order made by the Divisional Court against me was rendered an unfair determination of my civil rights in breach of article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms thereby and that the said Civil Proceedings Order should be set aside accordingly by this Honourable Court ex debito justitiae.
Sworn at )
)
)
)--------------------------------------------------------- )
)
This day of March 1997 )
Before Me
A Solicitor/Commissioner for Oaths
This Affidavit is filed by Lewis Frank Foley
IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT OF
JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
(THE RIGHT HONOURABLE LORD JUSTICE
ROSE AND THE HONOURABLE MR JUSTICE HOOPER)
CO/0565/96
IN THE MATTER OF section 42(1) of the Supreme Court Act 1981 as amended by section 24 of the Prosecution of Offences Act 1985
AND IN THE MATTER OF Lewis Frank Foley AND Harry Desmond Foley
B E T W E EN :-
HER MAJESTY'S ATTORNEY-GENERAL
Applicant/
Respondent
- and -
LEWIS FRANK FOLEY 1 Applicant
Respondent
and
HARRY DESMOND FOLEY 1 Applicant
Respondent
____________________________________________________
FIRST AFFIDAVIT OF LEWIS FRANK FOLEY
____________________________________________________
Filed by Lewis Frank Foley
Deponent/1 Applicant
Sworn on the day of March 1997
Lewis Frank Foley,
59/61 Lower High Street,
Cradley Heath,
West Midlands
B64 5AF
1 Applicant
FOLEY - AFFIDAVIT (1) (COURT OF APPEAL)
FOLEY - SKELETON ARGUMENT (QUEEN'S BENCH)
FOLEY - SKELETON ARGUMENT (COURT OF APPEAL)
EUROPEAN COURT (MISCELLANEOUS PAPERS)
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