Director of Legal Aid Casework and another v IS (a protected party, by his litigation friend the Official Solicitor) [2016] EWCA Civ 464, [2016] All ER (D) 170 (May)
The Court of Appeal, in allowing the appeal of the Director of Legal Aid Casework and the Lord Chancellor, set aside declarations that the exceptional case funding scheme as operated was unlawful as giving rise to an unacceptable risk that an individual would not be able to obtain legal aid where failure to provide it would be a breach of that individual’s rights under the European Convention on Human Rights (to the extent applied by the Human Rights Act 1998) or under directly enforceable European Union law, and that the Civil Legal Aid (Merits Criteria) Regulations 2013 (SI 2013/104) and the Exceptional Case Funding Guidance (Non-Inquests) were unlawful in certain respects.
