R (Rights of Women) v Lord Chancellor [2016] EWCA Civ 91 concerned an appeal by Rights of Women (a registered charity providing legal advice for women) against the Divisional Court’s January 2015 refusal to quash Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012. This Regulation specifies the types of evidence of domestic violence which can be provided in support of an application for legal aid under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). The charity’s argument focused principally on the requirement that, under Regulation 33, the applicant must provide evidence that they suffered domestic violence within the past 24 months, unless there is an unspent conviction, un-concluded criminal proceedings or existing police bail for a domestic violence criminal offence.

Rule that proof of domestic violence for legal aid purposes must be less than 24 months old declared invalid

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