Rights of Women have been successful in obtaining permission to challenge the requirements to produce evidence of domestic violence/abuse as set out in Regulation 33 of the Civil Legal Aid Procurement Regulations 2012 (as amended in April 2014). They argued that the regulations are too narrowly drafted and do not give effect to Parliament’s intention to protect people who are victims of violence/abuse. ROW were represented by the Public Law Project and supported by the Law Society. A full hearing is expected before the end of the year.
The LCCSA and CLSA were also successful in challenging the consultation process in relation to the proposed tender for crime Duty Contracts. However, the application to quash the second 8.75% fee cut next year was not granted. The judgment can be downloaded here.
It now appears that the MOJ will have to run a further short period of consultation, which could make the timetable, already tight, even more challenging. The MOJ tweeted that they were considering the techical issues concerning the consulation. We await further official announcements in due course.