The application made by Rights of Women, which was represented by the Public Law Project and supported by the Law Society, argued that the limited access to legal aid by victims of domestic violence is not what parliament intended, constituting a breach of Article 6 of the Human Rights Act 1998.
Article 6 renders it unlawful for a public authority to act in a way which is incompatible with a human right protected under the act and could result in the courts quashing the regulations.
The regulations in question are the Civil Legal Aid (Procedure) Regulations 2012, in particular Regulation 33, which sets out the evidential requirements for applications for legal aid in domestic violence cases.
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