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Legal Updates

Legal and case updates from specialist public law solicitors.

23 July 2015

Exceptional Case Funding: safety net or fig leaf?

Last week, in the High Court case of IS v The Director of Legal Aid Casework & Anor [2015] EWHC 1965 (Admin) (15 July 2015) (IS) Mr Justice Collins declared the current operation of the Exceptional Case Funding (ECF) Scheme to be unlawful and described the system as “wholly deficient”. The Public Law Project, who represented the claimant, has said the judgment will have profound implications for access to justice.

Áine Kervick

7 July 2015

Judicial review and suitable alternative remedies

It is commonplace to say judicial review is a remedy of last resort and in particular that if there is an adequate alternative remedy that is or was available to a claimant, permission to bring proceedings will normally be refused. 

23 January 2015

European Parliament demands legal communications are protected from surveillance

Following the frank admission by the Dutch Minister of Security that a law firm, Prakken d’Oliveira, had been under surveillance for years by the Dutch secret service, a question was raised in the European Parliament last week concerning the apparent tolerance by the EU of secret surveillance of legal communications and the steps which would be taken to ensure that Member States respected lawyer-client confidentiality. 

Emily Carter

29 October 2014

At last some hope: defeat in the House of Lords of Judicial Review Proposals

Studies may have found Tuesday to be the most depressing day of the week, but this Tuesday, many legal practitioners received a small mercy for which to be grateful. The news was in that the previous evening’s Report Stage consideration of Part 4 of the Criminal Justice and Courts Bill had taken place, and the government had experienced heavy defeats in several important votes on proposals to restrict access to judicial review.

28 March 2014

Divorcing wife wins domicile war and can divorce her husband in the UK

Domicile is a tricky and fascinating concept because it is so fact-specific that no two cases are the same.  It is usually relevant to people making Wills or administering Estates because where you are domiciled when you die depends on where you pay tax and some jurisdictions tax harder than others.

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