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Changes to Funding for Judicial Review Cases - Vicky Kane, John M Hayes

02/05/15. Following the successful challenge to the implementation of conditional funding in judicial review cases by the Civil Legal Aid (Remuneration) (Amendment) (No 3) Regulations 2014 in R (Ben Hoare Bell and Others) v Lord Chancellor [2015] EWHC 523 (Admin) the High Court ordered that the amendment regulations be quashed.

Following this decision, the Lord Chancellor announced that the Civil Legal Aid (Remuneration) (Amendment) Regulations 2015would come into force on 27 March 2015. These regulations re-impose conditional funding as set out in the 2014 amendment regulations with the exception that payment is now permitted in two additional situations.

The new regulations provide that in judicial review cases where the application for funding is made on or after 27 March 2015, payment for work done prior to permission being granted is conditional on one of the following...

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