In what is believed to be an unprecedented move, the Supreme Court unanimously ruled against the Ministry of Justice midway through an appeal brought against the proposed residency requirement by the Public Law Project. With the two-day hearing originally expected to last until the end of Tuesday, Lord Neuberger announced after a recess on Monday afternoon that the court had ruled to allow the PLP appeal on the grounds that the proposed residence test was ultra vires, and thus beyond the powers of the proposed legislation.
Adjorned
Though the Supreme Court ruling against the MoJ came on the grounds of the PLP's first challenge to the legislation, the court had also been asked to consider whether the residency test, which would have required individuals to lawfully resided in the UK for one year before being eligible for accessing legal aid, was unjustifiably discriminatory. A statement from the Supreme Court reported that both the PLP and the MoJ have been asked whether, in light of the ruling, they still wish the court to consider this second challenge. The case has been adjourned while both parties deliberate. Sources: Law Society Gazette; The Guardian
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