DV gateway JR granted permission

On Friday permission was granted for a judicial review of regulations made under the Legal Aid, Sentencing and Punishment of Offenders Act setting out ‘gateway’ criteria for legal aid applicants to prove that they are victims of domestic violence.

The case is being brought by Rights of Women, represented by the Public Law Project, which argues that the evidence requirements contained in the Civil Legal Aid (Procedure) Regulations 2012 are too narrow and exclude many victims of domestic violence. The charity asserts that the regulations are ultra vires and infringe Articles 6 and 8 of the European Convention on Human Rights.

The Administrative Court granted Rights of Women permission to proceed to a final hearing, at which the court will be asked to quash the regulations. YLAL understands that the hearing is likely to be listed in December this year.