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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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