Post by mouse on Jul 16, 2014 6:01:37 GMT -5
Never set foot in the UK? You can still claim legal aid, say human rights judges: Grayling's fury after High Court says residence test would be unlawful
Ruling makes it illegal to ban foreigners who have never set foot in Britain from claiming legal aid
The High Court says residence test would be 'unlawful and discriminatory'
Justice Secretary wanted measures to prevent abuses of taxpayers' money
Chris Grayling said to be 'furious' about the decision and an appeal is likely
Justice Secretary Chris Grayling, pictured, is said to be furious after High Court judges made it illegal to ban foreigners who have never set foot in Britain from claiming legal aid
Human rights judges sparked anger yesterday by ruling it illegal to ban foreigners who have never set foot in Britain from claiming legal aid.
To the fury of Chris Grayling, the High Court said introducing a residence test to tackle abuses of taxpayers’ money was ‘unlawful and discriminatory’ and pandered to prejudice.
The Justice Secretary had brought in measures, due to be enacted next month, to prevent overseas nationals receiving public money for civil claims until they have lived in Britain for at least a year.
He took urgent action after ‘disturbing’ claims emerged that a group of Iraqis whose lawyers secured millions in legal aid had actually conspired to allege British soldiers executed and tortured prisoners.
Currently there are no nationality or residence restrictions on funding, which leaves Britain with a huge annual bill of £2billion.
But in a highly unusual move, Lord Justice Moses – who last year branded the legal aid reforms a ‘joke’ – shot down the laws before they had even come into force.
Invoking the controversial Human Rights Act, he ruled the radical crackdown was ‘not lawful’ and banning foreigners from accessing legal aid breached their rights to a fair trial and not to face discrimination.
In an extraordinary ruling, he said Mr Grayling’s claim that the curbs were vital to ‘command public confidence’ amounted to ‘little more than reliance on public prejudice’.
The Ministry of Justice said it intended to appeal the ruling.
But Mr Grayling was understood to be furious
Read more: www.dailymail.co.uk/news/article-2693622/Never-set-foot-UK-You-claim-legal-aid-say-human-rights-judges-Graylings-fury-High-Court-says-residence-test-unlawful.html#ixzz37d0NGa9n
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Ruling makes it illegal to ban foreigners who have never set foot in Britain from claiming legal aid
The High Court says residence test would be 'unlawful and discriminatory'
Justice Secretary wanted measures to prevent abuses of taxpayers' money
Chris Grayling said to be 'furious' about the decision and an appeal is likely
Justice Secretary Chris Grayling, pictured, is said to be furious after High Court judges made it illegal to ban foreigners who have never set foot in Britain from claiming legal aid
Human rights judges sparked anger yesterday by ruling it illegal to ban foreigners who have never set foot in Britain from claiming legal aid.
To the fury of Chris Grayling, the High Court said introducing a residence test to tackle abuses of taxpayers’ money was ‘unlawful and discriminatory’ and pandered to prejudice.
The Justice Secretary had brought in measures, due to be enacted next month, to prevent overseas nationals receiving public money for civil claims until they have lived in Britain for at least a year.
He took urgent action after ‘disturbing’ claims emerged that a group of Iraqis whose lawyers secured millions in legal aid had actually conspired to allege British soldiers executed and tortured prisoners.
Currently there are no nationality or residence restrictions on funding, which leaves Britain with a huge annual bill of £2billion.
But in a highly unusual move, Lord Justice Moses – who last year branded the legal aid reforms a ‘joke’ – shot down the laws before they had even come into force.
Invoking the controversial Human Rights Act, he ruled the radical crackdown was ‘not lawful’ and banning foreigners from accessing legal aid breached their rights to a fair trial and not to face discrimination.
In an extraordinary ruling, he said Mr Grayling’s claim that the curbs were vital to ‘command public confidence’ amounted to ‘little more than reliance on public prejudice’.
The Ministry of Justice said it intended to appeal the ruling.
But Mr Grayling was understood to be furious
Read more: www.dailymail.co.uk/news/article-2693622/Never-set-foot-UK-You-claim-legal-aid-say-human-rights-judges-Graylings-fury-High-Court-says-residence-test-unlawful.html#ixzz37d0NGa9n
Follow us: @mailonline on Twitter | DailyMail on Facebook
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