Gudanaviciene & Ors v Director of Legal Aid Casework & Anor

Gudanaviciene & Ors v Director of Legal Aid Casework & Anor

The Lord Chancellor's Guidance is unlawful insofar as it sets too high a threshold for exceptional case funding, fails to recognise Article 8 procedural requirements in immigration cases, and excludes family reunion from scope. Decisions to refuse legal aid in each claimant's case are quashed for failure to apply the correct legal test and procedural requirements.

Parties
Claimant: Teresa Gudanaviciene; Claimant: IS (by his litigation friend, the Official Solicitor); Claimant: Cleon Reis; Claimant: B; Claimant: Jacqueline Elizabeth Edgehill; Claimant: S; 1st Defendant: Director of Legal Aid Casework; 2nd Defendant: The Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
13 June 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decisions of the Director in each claim quashed; Guidance declared unlawful in specified respects.
Legal Topics
Legal Aid, Article 8 ECHR, Article 6 ECHR, EU Charter Article 47, Exceptional Case Funding, Procedural Fairness, Family Reunion, Victims of Trafficking
Public Law Human Rights Law Immigration Law Legal Aid Article 8 ECHR Article 6 ECHR EU Charter Article 47 Exceptional Case Funding +3 more

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Parties

Teresa Gudanaviciene

Claimant

IS (by his litigation friend, the Official Solicitor)

Claimant

Cleon Reis

Claimant

B

Claimant

Jacqueline Elizabeth Edgehill

Claimant

S

Claimant

Director of Legal Aid Casework

1st Defendant

The Lord Chancellor

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Lord Chancellor's Guidance on exceptional case funding under LASPO is lawful
  2. 2 Whether Article 8 ECHR imposes procedural requirements in immigration cases requiring legal aid
  3. 3 Whether Article 47 of the EU Charter requires legal aid beyond Article 6 ECHR

Ratio Decidendi

The Lord Chancellor's Guidance is unlawful insofar as it sets too high a threshold for exceptional case funding, fails to recognise Article 8 procedural requirements in immigration cases, and excludes family reunion from scope. Decisions to refuse legal aid in each claimant's case are quashed for failure to apply the correct legal test and procedural requirements.

Court Disposition

Decisions of the Director in each claim quashed; Guidance declared unlawful in specified respects.

Orders

  • Director's decisions in all six claims quashed and remitted for reconsideration applying correct legal principles.
  • Declaration that Lord Chancellor's Guidance is unlawful in specified respects.