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Legal aid – Entitlement. Six claims were heard together in which each claimant challenged the defendant Director of Legal Aid Casework's decisions refusing to grant legal aid in respect of their immigration proceedings. The Administrative Court, in allowing the applications, held, among other things, that the overarching question posed in the Lord Chancellor's guidance, namely, whether the withholding of legal aid would make the assertion of a claim practically impossible or lead to an obvious unfairness in proceedings, set too high a threshold.
Legal aid – Entitlement. Six claims were heard together in which each claimant challenged the defendant Director of Legal Aid Casework's decisions refusing to grant legal aid in respect of their immigration proceedings. The Administrative Court, in allowing the applications, held, among other things, that the overarching question posed in the Lord Chancellor's guidance, namely, whether the withholding of legal aid would make the assertion of a claim practically impossible or lead to an obvious unfairness in proceedings, set too high a threshold.
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