Legal Services Agency v Brown HC Wellington CIV 2003-404-7065

This appeal concerns the grant of legal aid for an appeal to the Court of Appeal. The appellant, the Legal Services Agency, appealed the Panel's decision to reverse the Agency's decision to decline Mr Brown legal aid for purposes of an appeal. The Panel held that the Agency's decision was manifestly unreasonable and wrong in law. The Agency claimed that the Panel substituted its view for that of the Agency, and failed to give adequate reasons for its decision. The court found that while the Panel was entitled to conclude that the Agency had erred in law, its reasons did not sufficiently explain its conclusion that the Agency had given inadequate weight to the considerations identified by Salmon J. The appeal was dismissed. The respondent was entitled to costs on a 2B basis.