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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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