The claimants challenged the legality of an amendment to the legal aid scheme made by the Civil Legal Aid (Remuneration) (Amendment)(No 3) Regulations 2014 SI 2014 No 607. The question is the legality of the introduction by the Remuneration Amendment Regulations of what can broadly be described as a ‘no permission, no fee’ arrangement for making a legally aided application for judicial review. There is also no entitlement to payment where permission has neither been granted nor refused, for example where the claim has been settled or withdrawn, but in such cases the amendment gives the Lord Chancellor power to pay the costs of making the application where he considers that it is reasonable to do so.
Held: In relation to incompatibility with statutory purpose, the scope of regulation 5A extends beyond the circumstances which can be seen as rationally connected to the stated purpose given for its introduction. To that extent it is inconsistent with the purposes of the scheme in LASPO, and this application succeeds.
Beatson LJ, Ouseley J
[2015] EWHC 523 (Admin)
Bailii
Civil Legal Aid (Remuneration) (Amendment)(No 3) Regulations 2014
England and Wales
Legal Aid, News
Updated: 01 November 2021; Ref: scu.543780
