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25 July 2014
Issue: 7616 / Categories: Case law , Law digest , In Court
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Legal aid

R (on the application of the Public Law Project) v Secretary of State for Justice [2014] EWHC 2365 (Admin), [2014] All ER (D) 146 (Jul)

The secretary of state proposed, by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014 (the statutory instrument), to introduce a residence test for cases most in need of public funding, under Pt 1 of Sch 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The Divisional Court held that if the introduction of a residence test by secondary legislation exceeded the power to make delegated legislation conferred by the statute, it would be ineffective. The power to make delegated legislation had to be construed in the context of the statutory policy and aims such legislation was designed to promote. It was true that, if the purpose of the Act was correctly identified by the secretary of state, then restricting legal aid, not only to those with the greatest need, but to those with the stronger connection to the UK, fell within

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MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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