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13 June 2014 / David Burrows
Issue: 7610 / Categories: Features , Legal aid focus , Family
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The exception to the rule

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David Burrows questions if the exceptional cases legal aid legislation is being properly applied

In JG v Lord Chancellor and ors [2014] EWCA Civ 656, [2014] All ER (D) 192 (May), the Court of Appeal allowed an appeal from a refusal of legal aid to a child by Legal Services Commission (LSC) (now the Legal Aid Agency (LAA)). Black LJ considered obiter the meaning of “exceptional case determinations” (EDC), in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), s 10, and certain of the human rights aspects of the scheme.

Lawfulness of ECD guidance

In Lord Chancellor’s exceptional funding guidance (non-inquests) (February 2014) LAA decision-makers are provided with guidance as to how to deal with ECDs. This article asks whether this guidance is lawful in the light of the statutory provision for ECDs, of this country’s duties under the European Convention 1950 and of the case law above, especially in the family law field. In the first nine months of operation of LASPO, eight out of 617 family law applications received ECD funding. In itself that

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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