Exceptional funding decision in Gudanaviciene substantially upheld by the Court of Appeal

By: Juliet
On: Monday, 15 December, 2014

The Court of Appeal, consisting of Lord Dyson MR, Richards and Sullivan LJJ, has today substantially upheld the judgment of Collins J (reported at [2014] EWHC 1840 (Admin)).

R (Gudanaviciene & Ors) v the Director of Legal Aid Casework & the Lord Chancellor (British Red Cross Society intervening)

Summary

In a lengthy judgment, the court concluded that:

  1. The Lord Chancellor’s guidance misinterprets the statutory test under section 10(3)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. There was no warrant for imposing any sort of gloss on the statute, which makes clear that the test is whether there ‘would …read more

    Source: Family Law News