Judge grants PLP permission to challenge residence test, introduction of the test postponed to May 2014 at the earliest
The Public Law Project (PLP) reports that it has been granted permission to go to court to challenge the introduction of the residence test for legal aid.
According to PLP, permission was granted yesterday by the honourable Mr Justice Turner.
In addition, a Protective Costs Order (PCO) was also awarded in favour of PLP, limiting PLP's exposure to the risk of an adverse costs order and thus making the challenge viable.
PLP says the claim has been expedited, meaning the substantive hearing should take place before the residence test comes into force.
Subject to the outcome of the challenge, PLP says it has been told by the Ministry of Justice's lawyers that the introduction of the test is to be postponed from 31 March (as previously indicated) to sometime in May 2014, at the earliest.
The proposed residence test would exclude from entitlement to civil legal aid those people who have not been lawfully resident in the UK for 12 months.
PLP says such a test runs contrary to the principle that there should be equality before the law.