MoJ faces judicial review over residence test for civil legal aid

A legal charity has been given permission to bring judicial review proceedings over Government plans to introduce a residence test for legal aid.

Under the Ministry of Justice’s proposed test, people who (a) are not lawfully resident in the UK and (b) have not been lawfully resident for 12 months will not be entitled to civil legal aid.

The Public Law Project, which is being advised by law firm Bindmans on the proceedings, said: “The proposed residence test will remove the protection of the courts altogether for a great many people who fall foul of it. It is contrary to the principle that there should be equality before the law. That is why PLP has taken the step of going to court to challenge its introduction.”

Mr Justice Turner granted permission for the case to be heard on an expedited basis and awarded a protective costs order in PLP's favour.

The MoJ is reported to have delayed the introduction of the test from 31 March to May.