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UK: Supreme Court allows appeal against residence test for legal aid

19 April 2016

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"The Supreme Court has allowed the appeal against the residence test for legal aid, overturning the Court of Appeal judgment in favour of the Home Office. The basis for the Supreme Court’s decision is that the Lord Chancellor, Chris Grayling at that time, did not have the legal power to introduce the residence test. A second issue was to be argued regarding whether the test was unjustifiably discriminatory and so in breach of common law and the Human Rights Act 1998 but the Court did not hear argument on that question."

See the full article: Supreme Court allows appeal against residence test for legal aid (Free Movement, GC, link)

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