Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Queer(y)ing consummation: an empirical reflection on the Marriage (Same Sex Couples) Act 2013 and the role of consummation
Alexander Maine, Lecturer in Law, Leicester Law School, University of LeicesterKeywords: Consummation – adultery – marriage – empirical research – LGBTQConsummation and...
A v A (Return Without Taking Parent) [2021] EWHC 1439 (Fam)
(Family Division, MacDonald J, 18 May 2021)Abduction – Application for return order under Hague Convention 1980 - Art 13(b) defence – Whether mother’s allegations against the father...
Domestic Abuse Toolkit for Employers
The Insurance Charities have released an update to the Domestic Abuse Toolkit for Employers.Employers have a duty of care and a legal responsibility to provide a safe and effective work...
Two-week rapid consultation launched on remote, hybrid and in-person family hearings
The President of the Family Division, Sir Andrew McFarlane, has announced the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
View all articles

Domestic violence: restrictions on grant of legal aid

Sep 29, 2018, 21:37 PM
domestic violence, legal aid legislation, access to justice, rights of women, LASPO
The Administrative Court Divisional Court (Lord Justice Fulford and Mrs Justice Lang DBE) gave judgment on 22 January 2015 in an application to quash delegated legal aid legislation in relation to domestic violence under Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012).
Slug : domestic-violence-restrictions-on-grant-of-legal-aid
Meta Title : Domestic violence: restrictions on grant of legal aid
Meta Keywords : domestic violence, legal aid legislation, access to justice, rights of women, LASPO
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 26, 2015, 05:39 AM
Article ID : 108301

Limitations on grant of domestic violence legal aid: intra vires the Act


Thoughts on the decision

(1) Complexity of legal aid legislation

The first point which is striking about this case is that there is no judicial reflection on the extent to which the complexity of the domestic violence legal aid scheme makes it unlawful. By definition it applies to people who need to know – and to understand – whether they can obtain access to legal representation. They must know if they are excluded from help. It applies to people who, through circumstance (recent domestic violence) or educational background (most people who are not administrative law lawyers) are not likely easily to understand legal aid statutory provisions. Does the complexity which the case surely exposes, make it unlawful?

In R (ota Gudanaviciene & Ors) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622 the Court of Appeal has recently reminded the Legal Aid Agency (in particular) that procedure must make courts ‘effectively accessible’:

'[66] … InAirey v Ireland [(1979) 2 EHHR 533],having decided that there was a breach of Art 6(1), the ECtHR went on to hold that the applicant was denied an "effectively accessible" legal procedure to enable her to petition for a judicial separation and that this also constituted a breach of Art 8.'
Does the relative complexity of the statutory provisions truly make courts accessible, for domestic violence victims, within Airey terms; or is a breach of Art 8 implied here (breaches of Human Rights Act 1998, but not European Convention 1950, were refused permission by the court (para [5])?

(2) Could family lawyers have added anything?

Did it make any difference that this case – essentially about justice within the family law system – was argued out in the

Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from