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Legal aid: narrowing of residence test is lawful, says Court of Appeal

© Copyright LexisNexis 2024. All rights reserved.
Date:1 DEC 2015
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David Burrows
Solicitor Advocate

In Public Law Project v The Lord Chancellor [2015] EWCA Civ 1193 the Court of Appeal have reversed a Divisional Court decision in Public Law Project v The Secretary of State for Justice [2014] EWHC 2365 (Admin) which had found certain legal aid provisions ultra vires the legal aid legislation and discriminatory. The court therefore declared that legislation which the Lord Chancellor proposed to introduce by statutory instrument would be unlawful.

In the delegated legislation the Lord Chancellor had proposed further to narrow the existing categories of legal aid provision and to do so under powers in Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) ss 9 and 41 by SI by reference to a residence test for prospective applicants. The intended restriction (set out in para [7] of Laws LJ’s judgment) is to curtail legal aid for those not resident in the United Kingdom Channel Islands etc for 12...

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