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17 July 2014
Issue: 7615 / Categories: Legal News
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“Unlawful” residency test

Government proposals to introduce a one-year residency test for eligibility for civil legal aid have been ruled unlawful by the High Court.

The court unanimously held the test was ultra vires, unlawful and unjustifiably discriminatory, in R (on the application of PLP) v Secretary of State for Justice [2014] EWHC 2365 (Admin).

Delivering his judgment, Lord Justice Moses said regulations made under an Act of Parliament must be consistent with the aims of that Act, which the residence test would not be. Instead, the test was “entirely, focused on reducing the cost of legal aid”.

Jo Hickman, head of casework at Public Law Project, which brought the judicial review, says the judgment “provides a timely illustration of the importance of judicial review as a check on unlawful executive action”.

Issue: 7615 / Categories: Legal News
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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