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He who is subject to English law....

Andy Howells

15th July 2014

...is entitled to its protection.So said Lord Scarman, and his words were repeated today by a High Court judge. Chris Grayling may have escaped death by reshuffle, unlike the Attorney General, but he did suffer another defeat at the hands of the judiciary as his draft regulations intended to introduce a residence test for legal aid were declared unlawful and discriminatory in that they appear to deny legal aid to foreign nationals. A good example of the judicial function, judicial review and the ongoing issues with legal aid "reform".This can also be seen as an example of a minister going beyond the powers in the enabling Act, in this case LASPO (2012).

Andy Howells

Andy Howells is Head of Law at a large northern Sixth Form College and a former solicitor.

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