*R (on the application of Rights of Women) v Lord Chancellor and another

Legal aid – Entitlement. The claimant issued judicial review proceedings, contending that the defendant Lord Chancellor had exceeded his powers, under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, when making reg 33 of the Civil Legal Aid (Procedure) Regulations 2012, SI 2012/3098. The Divisional Court, in dismissing the application, held that reg 33 of the Regulations was not ultra vires, as the Lord Chancellor had a wide power, which was not limited to procedural matters. Further, reg 33 of the Regulations had not thwarted or frustrated the Act's purpose, but was consistent with it by ensuring that the domestic violence exception had been strictly confined to its intended scope and not exploited.

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