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Domestic violence: restrictions on grant of legal aid

Date:26 JAN 2015
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Solicitor Advocate

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

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). In R (ota Rights of Women) v Lord Chancellor and Secretary of State for Justice [2015] EWHC 35 (Admin) the court defined the issues before it as whether legal aid regulations (namely Civil Legal Aid (Procedure) Regulations 2012 (CLAPR 2012) reg 33)) should be quashed because the Lord Chancellor had exceeded his statutory powers as provided for by LASPO 2012 s 12 (per Lang J at para [1]).

Rights of Women (many have been quick to point out that men are also subject to domestic violence within the definition below) challenged ...

Read the full article here.