R (on the application of The Public Law Project) v Lord Chancellor скачать в хорошем качестве

R (on the application of The Public Law Project) v Lord Chancellor

[2016] UKSC 39 UKSC 2015/0255 R (on the application of The Public Law Project) (Appellant) v Lord Chancellor (Respondent) On appeal from the Court of Appeal (Civil Division) (England and Wales) Following the entry into force of the civil legal aid reforms made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the Ministry of Justice decided to introduce a residence test for civil legal aid via secondary legislation. If approved by Parliament, this would restrict civil legal aid to persons who are lawfully resident in the UK, Crown Dependencies or British Overseas Territories at the time of the application for civil legal aid, and have resided lawfully for a continuous period of at least 12 months (with certain exceptions). The issues before the Supreme Court were whether the proposed civil legal aid residence test in the draft Legal Aid, Sentencing and Punishment of Offenders Act (Amendment of Schedule 1) Order 2014 is: (i) ultra vires the enabling statute and (ii) unjustifiably discriminatory and so in breach of common law and the Human Rights Act 1998. At the end of the hearing on 18th April the Supreme Court indicated that it was allowing the appeal on ground (1) and that it did not consider it necessary to hear argument on issue (2). Following a hearing at which the Court heard argument on the ultra vires issue and indicated that it did not need to hear argument on the discrimination issue, the Supreme Court unanimously allows the Public Law Project’s appeal on the ultra vires issue.