IS v The Director of Legal Aid Casework & Anor [2015] EWHC 1965 (Admin) (15 July 2015)

IS v The Director of Legal Aid Casework & Anor [2015] EWHC 1965 (Admin) (15 July 2015)

The guidance and operation of the Exceptional Case Funding scheme under LASPO were unlawful in excluding Article 8 considerations in immigration cases and imposing an excessively high threshold for legal aid. The prescribed forms and scheme were inaccessible for vulnerable applicants, particularly those lacking capacity, resulting in a breach of ECHR rights. The scheme must be revised to ensure effective access and fairness, especially for those unable to represent themselves.

Citation
[2015] EWHC 1965 (Admin)
Parties
Claimant: IS (by the Official Solicitor as Litigation Friend); 1st Defendant: The Director of Legal Aid Casework; 2nd Defendant: The Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
15 July 2015
Procedural Posture
Judicial Review / Final Judgment After Hearing
Outcome
Claim allowed
Legal Topics
Legal Aid, Exceptional Case Funding, Equality Act Compliance, ECHR Article 6 and 8, Access to Justice
Administrative Law Human Rights Law Civil Procedure Legal Aid Exceptional Case Funding Equality Act Compliance ECHR Article 6 and 8 Access to Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

IS (by the Official Solicitor as Litigation Friend)

Claimant

The Director of Legal Aid Casework

1st Defendant

The Lord Chancellor

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the refusal of legal aid breached the claimant's ECHR rights under Article 8 and 14
  2. 2 Whether the guidance for Exceptional Case Funding under LASPO was unlawfully restrictive
  3. 3 Whether the scheme and forms for ECF are accessible and fair for vulnerable applicants

Ratio Decidendi

The guidance and operation of the Exceptional Case Funding scheme under LASPO were unlawful in excluding Article 8 considerations in immigration cases and imposing an excessively high threshold for legal aid. The prescribed forms and scheme were inaccessible for vulnerable applicants, particularly those lacking capacity, resulting in a breach of ECHR rights. The scheme must be revised to ensure effective access and fairness, especially for those unable to represent themselves.

Court Disposition

Claim allowed

Orders

  • The guidance for Exceptional Case Funding must be revised to comply with ECHR Article 8 requirements.
  • The scheme and forms for ECF must be made accessible for vulnerable applicants, including those lacking capacity.