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Legal aid

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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