Domestic violence gateway not unlawful, says High Court

Legal Aid Handbook

On Friday last week, the High Court gave judgment in  Rights of Women, R (On the Application Of) v The Lord Chancellor And Secretary of State for Justice [2015] EWHC 35 (Admin), a challenge to the evidence requirements (contained in regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012) that must be met before legal aid in private family law proceedings can be granted based on the domestic violence exceptions.

Despite evidence of the impact the restrictions were having in practice, the Court found that they were lawful. The principal argument put forward was that, in making the regulations, the Lord Chancellor was acting outside the scope of the powers granted under LASPO. Lang J (with whom Fulford LJ agreed) said:

I accept the Claimant’s submission that the evidential requirements in regulation 33, such as the time limit of 24 months, do impose conditions which have to be…

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