header-logo header-logo

08 March 2024 / Dr Graham Zellick CBE KC FAcSS
Issue: 8062 / Categories: Opinion , Legal aid focus
printer mail-detail

A judgment too far?

162783

The court’s recent judgment on legal aid represents a high-water mark of judicial intervention, writes Graham Zellick KC

Recently in these pages I chided a High Court judge for rejecting the argument that political parties were for certain purposes bodies exercising public functions. I described the decision as ‘formalism and judicial restraint of a high order‘ (‘Political parties: public or private?’). By contrast, the Divisional Court’s recent judgment in R (on the application of Law Society of England and Wales) v Lord Chancellor [2024] EWHC 155 (Admin) represents the high-water mark of judicial intervention.

Everyone is aware of the lamentable state of legal aid as a result of years of austerity and neglect. There had been no increase in criminal legal aid fees for 25 years and on top of that, there was a reduction in expenditure of 8.75% in 2014 to meet government spending targets. It is impossible to read the evidence in this case without feeling deep sympathy for the criminal

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll