The Lord Chancellor has published revised guidance on exceptional funding in non-inquest cases to take into account the judgment of the Court of Appeal in Gudanaviciene & Ors, R (on the application of) v The Director of Legal Aid Casework & Ors  EWCA Civ 1622 (see our post here). While it is welcome that the guidance has finally been updated, it is disappointing that it has taken six months.
Meanwhile, the High Court is hearing the Public Law Project’s systemic challenge to the exceptional funding scheme. More information about that case can be found on PLP’s website.
3 responses to “New exceptional funding guidance published”
It’s here but of limited extent (in terms of taking into account Gudanaviciene: see eg https://dbfamilylaw.wordpress.com/2015/06/10/lord-chancellors-guidance-on-exceptional-case-funding/ for further consideration). And is the guidance HRA 1998 compliant (further comments on their way in dbfamilylaw)?
Yes, it certainly takes Gudanaviciene into account in the most minimalist way possible, and may go too far in emphasising how limited grants should be. I doubt we have seen the last of litigation over the guidance.
Thanks for the link dbfamilylaw