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17 July 2014
Issue: 7615 / Categories: Legal News
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“Unlawful” residency test

Government proposals to introduce a one-year residency test for eligibility for civil legal aid have been ruled unlawful by the High Court.

The court unanimously held the test was ultra vires, unlawful and unjustifiably discriminatory, in R (on the application of PLP) v Secretary of State for Justice [2014] EWHC 2365 (Admin).

Delivering his judgment, Lord Justice Moses said regulations made under an Act of Parliament must be consistent with the aims of that Act, which the residence test would not be. Instead, the test was “entirely, focused on reducing the cost of legal aid”.

Jo Hickman, head of casework at Public Law Project, which brought the judicial review, says the judgment “provides a timely illustration of the importance of judicial review as a check on unlawful executive action”.

Issue: 7615 / Categories: Legal News
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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