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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll