Government to appeal against striking down of residence test

The Government has said that it will appeal against the decision yesterday to strike down its attempt to introduce a residence test for legal aid.

Ruling on a challenge to the test brought by the Public Law Project, in which the Children’s Commissioner intervened, the Administrative Court unanimously concluded yesterday that the draft regulations currently before parliament could not be enacted by secondary legislation.  The court further held that the discrimination against those who could not satisfy the residence test could not be justified solely on the grounds of saving money.