Activist wins legal aid court fight

The High Court has backed a peace campaigner’s battle to block cuts to legal aid for cases brought “in the public interest”. Lawyers for Maya Evans persuaded two judges to strike down the controversial changes to legal aid, which would prevent activists bringing publicly-funded judicial review cases. Ms Evans recently fought a high-profile legally-aided action to stop Afghans captured by British troops being sent to prisons where they allegedly faced torture. The judges said the amendment to legal aid qualification in April – which was made “to save money” – could not stand because of the “unlawful” influence exerted by former Defence Secretary Bob Ainsworth on the decision-making process. The effect of the amendment was to block public funding in cases raising “public interest” issues if they were brought by claimants who did not stand to gain “direct benefit” for themselves or their families if the case was won. An exception was made for cases said to promote “real benefit” to the environment. Lord Justice Laws, sitting with Mr Justice Stadlen, said the then Defence Secretary Mr Ainsworth had suggested in 2008 “the time was right” to look at the legal aid rules. The judge said Mr Ainsworth warned that adverse judgments in legal challenges being brought against the MoD arising from military actions in Iraq and Afghanistan could have “extremely serious” consequences for the UK’s defence, security and foreign policy interests. We have one of the leading teams of criminal law specialists in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381 381 or email criminaldefence@ibblaw.co.uk.