header-logo header-logo

08 March 2024
Issue: 8062 / Categories: Legal News , Judicial review , Legal aid focus
printer mail-detail

NLJ this week: Is the Law Society’s win on legal aid an ‘unfortunate precedent’?

162783

The Law Society’s judicial review win against the Lord Chancellor on criminal legal aid has left Professor Graham Zellick CBE KC ‘uncomfortable’, he writes in this week’s NLJ

Professor Zellick takes the view that all the Law Society’s claims bar one ‘should have been pronounced non-justiciable and dismissed’—even though he supports judicial review ‘as a wholly beneficial regime’ and would also like to see higher fees for legal aid work. 

He explains his view in this insightful article, making reference to the Wednesbury principle on irrationality and the 1977 Tameside case on the duty to make adequate inquiries.

Zellick, a senior bencher, former reader of the Middle Temple and Honorary Fellow of Gonville & Caius College, Cambridge, writes: ‘This decision leaves me uncomfortable. It is difficult to see where this approach ends or how government can carry out its complex tasks if it is to be micromanaged by the courts and if considerable resources have to be expended on defending itself in court’.

 

Issue: 8062 / Categories: Legal News , Judicial review , Legal aid focus
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll