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Imminent judgment re Exceptional Legal Aid Funding

Gudanaviciene, Edgehill and others

In an important judgment to be delivered on Friday 13 June, Collins J is to consider whether the Lord Chancellor's Guidance on exceptional legal aid funding is unlawful, and to review the implementation of the exceptional funding regime. Collins J has been asked to test the Guidance against the principles derived from European case law and say whether it sets too high a threshold for granting funding in order to avoid a breach of human rights or EU rights. He is then to apply those principles to six cases before him.

One of those, Edgehill, concerned an appeal to the Court of Appeal about the interplay between immigration rules and Article 8 ECHR. Ms Edgehill sought exceptional funding to advance her appeal but her application was rejected. Ashley Underwood QC acted for Ms Edgehill, leading solicitor advocate Adam Tear of Duncan Lewis.