New resource for legal aid practitioners: Eligibility and ‘trapped’ capital

Resources for legal aid practitioners Public Law Project has prepared a practice note and a precedent to assist practitioners following the decision in PLP client Claire’s case – R (oao GR) v Director Of Legal Aid Casework [2020] EWHC 3140 (Admin). The decision establishes that the Director has a discretion to value assets other than…

Coronavirus 2021: Let’s keep in touch

As we work through the pandemic, all of us at PLP send you our best wishes. We hope that you are staying safe and well. Thanks to the hard work of our team, and the support of partner organisations and our funders, PLP remains fully functional and strong as ever. Casework: Our casework team is…

Legal aid rule change for home-owners on low incomes & domestic violence survivors

Changes to the legal aid rules have been laid in Parliament today that will allow more homeowners on low incomes to access legal aid. The rule change will particularly benefit survivors of domestic violence, with many more able to have legal representation in family proceedings, reducing the risk of being cross examined by their abusers…

PLP to work on ESRC-funded project on algorithmic politics, administrative justice and Brexit

PLP is soon to begin work as a research partner on a new ESRC (Economic and Social Research Council) funded project, ‘Algorithmic Politics and Administrative Justice in the EU Settlement Scheme’. The project, which is being led by researchers at the University of Exeter, aims to: ‘analyse the process of administrative reform associated with Brexit,…

COVID-19: Guidance on ‘paper determinations’ ruled ‘unlawful’

Blog post: Jo Hynes, Research Fellow, Public Law Project The Administrative Court recently ruled in favour of the Joint Council for the Welfare of Immigrants (JCWI), in a case challenging a Covid-related Guidance Note as ultra vires. PLP provided a witness statement in support of the claimant. Read: The Law Society Gazette: President’s guidance for…

More domestic violence survivors to access legal aid

PLP’s client ‘Claire’, a single parent and domestic abuse survivor, has overturned rules that prevented her from accessing legal aid. PLP lawyer Daniel Rourke has said that the High Court ruling of 24 November will improve access to justice for more survivors of domestic violence who are in poverty. The Legal Aid Agency (LAA) claimed…

Analysis: Governments cannot ignore risk of algorithmic discrimination

Writing in the Oxford University Commonwealth Law Journal, PLP researchers Dr Joe Tomlinson and Jack Maxwell say the trend is that courts expect governments to take responsibility for identifying algorithmic discrimination, not the general public. Read: Proving algorithmic discrimination in government decision-making Public bodies in the United Kingdom increasingly are using algorithms and big data…

Medical Justice ‘no notice’ removals: Judgment handed down

The Court of Appeal today ruled in favour of Medical Justice in their challenge to the Home Office Judicial Review and Injunctions policy, also known as the ‘removal notice window’ policy. Background to today’s Judgment In 2019, Medical Justice applied for judicial review of the Home Office’s Judicial Review and Injunctions policy. This policy provided…

PLP’s submission to the Independent Review of Administrative Law

PLP has published its response to the call for evidence issued by the Independent Review of Administrative Law. READ PLP’s submission to the Independent Review of Administrative Law READ PLP’s statement outlining constraints which mean the Review cannot provide a sound basis for reform of judicial review Our submission asserts that reform of judicial review…

‘Tsunami’ of EU withdrawal laws ‘rubber stamped’: Latest PLP research

The process of leaving the EU has laid bare serious deficiencies in the UK’s system of law making, according to a report by the Public Law Project. READ: Plus ça change: Brexit and the flaws of delegated legislation system By Alexandra Sinclair and Dr Joe Tomlinson, Public Law Project The authors show that the UK’s withdrawal…

Legal Aid for SEND representation: An emerging trend?

Latest ECF grant for SEND On 2 October 2020, the Legal Aid Agency (LAA) granted Exceptional Case Funding (ECF) for representation in the Special Educational Needs and Disability (SEND) Tribunal. The grant was made to a client of Linda Ewen, Supervising Solicitor in the education law team at GT Stewart Solicitors & Advocates, for representation…