Special issue of Judicial Review on legal aid proposals

The Hart Publishing journal Judicial Review has published a special issue concerning the government’s legal aid proposals. The special issue contains a joint opinion written by Michael Fordham, Ben Jaffey and Ravi Mehta on the legality of the proposed residence test for civil legal aid, together with the consultation responses of several groups, including the Bingham Centre for the Rule of Law,  the Public Law Project, the Constitutional and Administrative Law Bar Association and the Bar European Group, the Bar Council and the circuit judges. The whole of this issue of the journal is (at least for now) available online free of … Continue reading Special issue of Judicial Review on legal aid proposals

Bingham Centre for the Rule of Law responds to Government’s legal aid proposals

A couple of weeks ago, I posted a short piece on the Government’s legal aid proposals. The Bingham Centre for the Rule of Law has now submitted its response to the Consultation Paper on legal aid. In its response, of which I am a co-author, the Bingham Centre argues that the proposed reforms will have a profound effect on access to justice, which is a constitutional right and a key element of the rule of law. We go on to say that the reforms would prevent the poor and disadvantaged from seeking judicial review of government decisions that may deny them their legal rights … Continue reading Bingham Centre for the Rule of Law responds to Government’s legal aid proposals

Legal aid, judicial review and the rule of law

The government’s proposals to make radical changes to the criminal legal aid system have received widespread attention. In particular, the proposal to introduce a system of tendering that would remove client choice has been strongly criticized as striking at the heart of the lawyer-client relationship. It has also been argued that it may amount to a breach of the right to legal representation enshrined in Article 6 ECHR. Less attention, however, has been devoted to the impact the government’s proposals would have in relation to non-criminal, including public law, matters. In fact, the impact in that area would likely be … Continue reading Legal aid, judicial review and the rule of law