It’s been a very bad day for the Justice Secretary, Chris Grayling and a good day for justice, as the government has suffered defeats in two judicial review cases on legal aid.     The first case, which was being considered by the High Court today was brought by the campaign group Rights of Women (RoW). They are challenging the regulations controlling who gets legal aid in cases of domestic violence. These rules were introduced after the government cut legal aid in most family cases, but ministers assured parliament that victims of domestic violence would still be able to obtain legal aid, provided they could show that they’d suffered violence within two years of making the claim. According to Emma Scott, director of RoW, the rules simply are not working in practice as victims are struggling to obtain the necessary evidence, particularly in cases of psychological abuse.     RoW were successful in the first stage of the judicial review. A full hearing has been set for December. LAG believes that the government should talk to RoW and other interested groups, with a view to making adjustments to the rules. Parliament’s intention, we believe, was very plain, victims of domestic violence should be able to claim legal aid.     After RoW had been successful in the first stage of their case, the judgement was announced in the judicial review against the government’s plans to tender for police station and magistrates' court work. This challenge was brought by the Criminal Law Solicitor’s Association and the London Criminal Courts Solicitors Association. Both the judicial review cases have been underwritten by the Law Society.     In the judgement the court found that the Lord Chancellor had failed to consult properly on the two reports which were commissioned on the likely impact of the proposed contract round. The government’s plan to reduce the number of duty contracts by around two thirds to 525 contract holders was quashed by the court. According to the judgment the Ministry of Justice needs to consult on the reports by the accountants KPMG and Otterburn.     The court did say that “a relative short re-consultation period would be sufficient”. This leaves Mr Grayling and the government with something of a dilemma. They could appeal the judgement, but this would mean almost certainly that they would not meet the deadline of running the tender round before the general election next May. If they were organised (a big if on past performance!) they could announce on Monday a further consultation of a few weeks. Allow a week or two to consider the result and run a modified tender round. However, another judicial review challenge to the process might ensue and whatever they do, they would risk being embroiled with a brusing battle with legal aid practitioners in the run-up to the general election.     Mr Grayling will probably have to decide over the weekend what to do next. Will he stick or twist? Unlike pontoon either option though might lead to bust, i.e no criminal legal aid tenders this side of the general election.   Steve Hynes, LAG Director Picture- Protesters join RoW outside the Royal Courts of Justice today