Court of Appeal holds LAPSO Exceptional Funding Scheme is not unlawful


Re: Director of Legal Aid Casework & Anor v IS [2016] EWCA Civ 464

The Court of Appeal, by majority, allowed the appeal against the decision of Collins J that the Legal Aid Exceptional Case Funding Scheme as operated was unlawful. It also overturned the finding that the regulations setting out the merits test and the related guidance were unlawful in certain respects.

Richard Hermer QC and Chris Buttler were involved in this case.