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03 December 2015
Issue: 7679 / Categories: Legal News
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Residence test challenge fails

Legal aid lawyers are considering their options after an unfavourable Court of Appeal ruling on the civil legal aid residence test.

The court held that the residence test, which required recipients of legal aid to have been resident in the UK for at least 12 months, is lawful, in Public Law Project v Lord Chancellor [2015] EWCA Civ 1193.

It found that ministers may use statutory instrument to withhold legal aid from particular groups of people on cost-saving grounds alone, regardless of need, and that legal aid can be treated as a welfare benefit so that withholding it on discriminatory grounds is justifiable unless “manifestly without reasonable foundation”.

The ruling reverses a judgment last year by the Divisional Court that the Lord Chancellor had exceeded his powers and that the test was unjustifiably discriminatory.

The Public Law Project (PLP), which brought the legal challenge, says it will now ask the Supreme Court to give urgent consideration to an appeal before the test is brought into effect.

Exceptions to the residence test were available in cases involving children and vulnerable adults, access to welfare benefits, domestic violence, forced marriage, clinical negligence, judicial review and in certain other categories.

John Halford, partner at Bindmans, who acted for the PLP, says: “The outcome of this appeal has exposed a fundamental difference in views between members of the judiciary on an issue which all accept is of real importance.”

Resolution chair Jo Edwards says: “Resolution is particularly concerned that family mediation will be subject to the test, which may further disadvantage vulnerable people going through a divorce or separation. We believe the cost of administering the test will outweigh any modest savings made.”

Issue: 7679 / Categories: Legal News
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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
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
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