Successful challenge to Legal Aid Regulations

A Divisional Court judgment of 3 March 2015 ruled that the judicial review regulations that came into force in April 2014 are unlawful.

The regulations effectively cut funding for judicial review cases brought by individuals in receipt of legal aid. They provided that lawyers working for Claimants in a legally aided application for judicial review would only be guaranteed payment once a claim had been granted ‘permission’.

A challenge to the regulations was brought by the social welfare law providers Ben Hoare Bell Solicitors LLP, Deighton Pierce Glynn, Mackintosh Law, Public Law Solicitors and the homelessness charity Shelter. The Claimants were represented by the access to justice charity the Public Law Project and Martin Westgate QC and Martha Spurrier of Doughty Street Chambers.

Public Law Project press release