R (The Law Society of England and Wales) v The Lord Chancellor

The High Court rules that the Lord Chancellor’s funding scheme is legally flawed.

In the Autumn of 2009, regulations were introduced that limited costs which could be awarded to people who successfully funded their own defence to legal aid rates.  The Administrative Court (Elias LJ and Keith J) has now held, on a challenge brought by the Law Society, that the scheme is unlawful as being contrary to the principles embodied in the empowering legislation, of reasonable compensation for costs incurred.  Dinah Rose QC, Javan Herberg and Jessica Boyd acted for the Law Society, while James Eadie QC acted for the Lord Chancellor.