The importance of Benham

R v Poole jj ex parte Benham (QBD) 1991 

Re: Benham European Commissioners 1995 

The debtor was 24 years and had 9 'O' Levels. He had left his job and had no other work

He was not eligible for IS and had no income

He was erroneously committed on the 'potential to earn'. This committal was quashed

The case was taken to the European Court of Human Rights on two grounds:

1.  Right to Legal Aid

2.  Compensation request

The Court held that he had a right to legal Aid but no right to compensation

We await changes in legislation and Magistrates are not keen to commit unless absolutely the last request

 

Proceed as normal but take care..... 

 

See also Lloyd v Others v UK & Beet v others v UK

Related topics

  1. Committals
  2. Pre Requisites before Commital
  3. The importance of Benham
  4. Typical Proceedings for Committal