Gudanaviciene: legal aid guidance not compatible with a right to a fair trial

By: Juliet
On: Wednesday, 17 December, 2014

Exceptional case determination: Convention
breach

R (ota Gudanaviciene & Ors) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622 affects all applicants for legal aid for any
form of civil proceedings, with family proceedings very much included. It was a
very careful judgment of the full court (Lord Dyson MR, Richards and Sullivan
LJJ). The issue takes an applicant (or his/her adviser) immediately into the
murky ‘quasi-legislation jungle’ (per Wade and Forsyth,
Administrative Law (11th edn, 2014), at p 732) of statutory
guidance. And it reminds the lawyer that every piece of delegated and – as here
– semi-delegated legislation must be …read more

Source: Family Law News