*/
Seven Supreme Court justices unanimously allowed a challenge to the government’s plans to introduce a 12-month residence for legal aid eligibility.
Halfway through what was scheduled to be a two-day hearing, the court ruled that the Lord Chancellor, Michael Gove, did not have the power to bring in the proposed requirement by way of secondary legislation.
The test, introduced in the 2013 consultation paper, Transforming Legal Aid, and due to come into force in the summer, would have meant that applicants would have had to show lawful residence in the country for 12 months.
Amendments had already been forced to exclude members of the armed forces serving overseas, babies under one and asylum seekers.
In 2014 the High Court struck down the test, ruling it to be discriminatory and unlawful. But the Court of Appeal overturned that judgment last year, stating that the restriction was permissible.
John Halford, the solicitor from Bindmans who represented the Public Law Project, which brought the case, said: ‘The British legal system is rooted in two fundamental principles – that all equally enjoy the protection of our laws and all are accountable to our courts.’
But, he said, the Lord Chancellor ‘planned to undermine them by withholding legal aid from those who failed his residence test, leaving them unable to enforce legal rights’.
A Ministry of Justice spokesperson said: ‘We are of course very disappointed with this decision. We will now wait for the full written judgment to consider.’
To implement the measure, Gove will have to include it in a Bill that is debated in Parliament.
Seven Supreme Court justices unanimously allowed a challenge to the government’s plans to introduce a 12-month residence for legal aid eligibility.
Halfway through what was scheduled to be a two-day hearing, the court ruled that the Lord Chancellor, Michael Gove, did not have the power to bring in the proposed requirement by way of secondary legislation.
The test, introduced in the 2013 consultation paper, Transforming Legal Aid, and due to come into force in the summer, would have meant that applicants would have had to show lawful residence in the country for 12 months.
Amendments had already been forced to exclude members of the armed forces serving overseas, babies under one and asylum seekers.
In 2014 the High Court struck down the test, ruling it to be discriminatory and unlawful. But the Court of Appeal overturned that judgment last year, stating that the restriction was permissible.
John Halford, the solicitor from Bindmans who represented the Public Law Project, which brought the case, said: ‘The British legal system is rooted in two fundamental principles – that all equally enjoy the protection of our laws and all are accountable to our courts.’
But, he said, the Lord Chancellor ‘planned to undermine them by withholding legal aid from those who failed his residence test, leaving them unable to enforce legal rights’.
A Ministry of Justice spokesperson said: ‘We are of course very disappointed with this decision. We will now wait for the full written judgment to consider.’
To implement the measure, Gove will have to include it in a Bill that is debated in Parliament.
The Chair of the Bar reports back
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Developing a tech start-up demands a different definition of excellence to the Bar, says Saara Idelbi. The co-creator of Advocatr on entrepreneurship, AI advocacy training, and matching the thrill of a killer cross-examination
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
