Authors:LAG
Created:2015-03-01
Last updated:2023-09-18
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Domestic violence appeal gets underway
Rights of Women (RoW) has launched an appeal against the High Court’s judgment in the judicial review, challenging the regulations on qualifying for legal aid in domestic violence cases.
RoW, director Emma Scott told Legal Action that the High Court found against them: ‘Despite acknowledging the weight of evidence we presented that the domestic violence evidence criteria creates a bar to family law legal aid.’ Scott believes that the judgment ‘means that 40 per cent of women continue to be unable to access the kinds of legal remedies which enable them to find safety from violent relationships’.
In the judgment published on 22 January, the court accepted that the regulations are inflexible and ‘may exclude meritorious applications’. However, the court found that, as this was what government had intended the regulations to do, by asking it to intervene, RoW was asking them to ‘enter into the political arena’.
Scott confirmed to LAG that RoW’s appeal against the judgment was lodged on 12 February and pledged that it will ‘continue to campaign to ensure that women affected by violence have access to safety and justice.’ She also acknowledged the continued support of their legal team at the Public Law Project and Landmark Chambers and the backing of the Law Society, which is funding the case.