Residency test is lawful

Public Law Project v Lord Chancellor (Office of the Children’s Commissioner intervening) [2015] EWCA Civ 1193, [2015] All ER (D) 219 (Nov) NLJ 4 December

The Court of Appeal allowed the Lord Chancellor’s appeal against a declaration that the introduction of a proposed residency test for the provision of civil legal aid was unlawful. The Lord Chancellor had not acted ultra vires his powers in accordance with the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and it could not be said that a residency test was not manifestly without reasonable foundation.