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Court of Appeal rules on exceptional funding
In December 2014, the Court of Appeal heard the Lord Chancellor’s appeal against the High Court judgment in Gudanaviciene & Ors, R (on the application of) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622. The High Court had ruled that the exceptional funding guidance was unlawful and that family reunion cases for refugees was within scope of the legal aid scheme.
The judgment in the case sets out the test to be applied in cases involving an application for exceptional funding. It goes on to to consider how the guidance should be applied in the circumstances of the individual appeals before it, which included family reunion, deportation and trafficking cases. The Court of Appeal overturned the ruling that family reunion cases were in scope, but did accept in one case that the refusal of exceptional funding was unlawful.
Alison Harvey, Immigration Law Practitioners Association legal director, commented that the decision of the Court of Appeal ‘underscores the injustice that the legislation has done people under immigration control.’ She was critical, though, of the court’s decision on family as the ‘effect of this aspect of the judgment, if not challenged further, will be to consolidate the power of the executive over parliament.’
Lawrence duo at LAG 2015 lecture
Justice campaigner Doreen Lawrence and solicitor Imran Khan will be ‘in conversation’ with
Legal Action editor Fiona Bawdon at LAG’s lecture event on 12 February 2015. This will be a unique opportunity to hear from the duo who have campaigned side by side for more than 20 years, since Khan started acting for the Lawrence family just days after Stephen’s murder in 1993. It is being held at London South Bank University’s Keyworth Centre, from 6.30–8 pm. Tickets are free and will be available strictly on a first come, first served basis. To book, contact
lag@lag.org.uk.