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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

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MOVERS & SHAKERS

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Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

NEWS
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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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