Withdrawal of public funding

R (Alliss) v The Legal Services Commission (QBD (Admin) SJ 14 October LB215)

The withdrawal of legal aid close to trial was a breach of art 6(1) of the European Convention on Human Rights. The withdrawal meant there had been a denial of effective access to the courts. It was too late in the day for the LSC to withdraw legal aid. There had been no change in the prospect of success of the claim and both the legal aid board and the LSC had taken the view that the litigation should be supported financially, regardless of the fact that there was unlikely to be any financial benefit. The decision to withdraw public funding was both irrational and, in addition, disproportionate.