Key Facts
- •Judicial review of the Lord Chancellor's decision on criminal legal aid.
- •Challenge focuses on non-implementation of two core recommendations from the Bellamy Review.
- •Recommendations concerned intervention in unmet needs and remuneration levels.
- •Law Society seeks to amend judicial review grounds and obtain specific disclosure.
- •Case involves a large volume of documents and witness statements.
- •Hearing is scheduled for a 3-day period starting December 12, 2023.
Legal Principles
Common law right of access to justice
Case Law
Section 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
Statute
Judicial review duty of candour
Case Law
Principles for granting permission to amend pleadings in judicial review
Case Law
Test for necessary disclosure in judicial review proceedings
Case Law
Principles regarding admissibility of witness evidence in judicial review
Case Law
Tameside duty of legally sufficient enquiry
Case Law
Outcomes
Permission granted to amend pleaded grounds in three respects.
Amendments are considered arguable, derivative from defence evidence, and in the interests of justice.
Law Society's witness evidence admitted, including research evidence and commentary.
Evidence deemed necessary and proportionate for a just hearing, even if some aspects are not strictly 'reply evidence'.
Orders for specific disclosure granted.
Disclosure is deemed necessary for a fair and just disposal of the case, despite concerns of commercial sensitivity and the proximity to the trial date.