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05 December 2012
Issue: 7541 / Categories: Legal News
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Peers see off attacks on legal aid

Lord McNally promises amendment to controversial regulation

Justice minister Lord McNally has promised Parliament that the government will amend a controversial regulation that makes it “virtually impossible” for people to claim legal aid for judicial review, homelessness and habeas corpus cases.

Although peers passed the Civil Legal Aid (Merits Criteria) Regulations 2012 in the House of Lords this week, Lord McNally gave a promise to the House that reg 53(b) would be amended by April.

Under reg 53(b), the director of legal aid casework must be satisfied that the applicant has “exhausted all administrative appeals and other alternative procedures for challenge before bringing a public law claim”. This gives the director no discretion to grant legal aid, even where the matter is urgent.

According to the Legal Aid Practitioners Group, this would have forced people in urgent need of access to a judge to go through complex complaints procedures first and would delay their case for “months, if not years”.

Lord McNally told the House that the government would bring forward amendments to “introduce discretion into reg 53(b) so that the director of legal aid casework will have the express power to grant legal aid for public law claims, even if the alternative routes have not been exhausted, if he nonetheless considers that such an appeal or procedure would not be effective in providing the remedy that the individual requires”.

Peers also rejected a regulation that would have denied legal aid for people appealing welfare benefits in first-tier tribunals, in a rare fatal defeat of a government regulation.

Issue: 7541 / Categories: Legal News
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Gateley Legal—Jack Kelly

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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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