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Tuesday 7th August 2007
LAW SOCIETY SECURES COURT WIN ON LEGAL AID
The Law Society's challenge of the Legal Services Commission (LSC) was upheld today when judgment was handed down by Mr Justice Beatson in the High Court.
The Judge said that the LSC has breached Public Contracts Regulations 2006 and European Law in its reform of legal aid.
Most significantly, the judge said that changes to the Contract should not be made if they would, 'alter the economic balance of the Contract to the disadvantage of those who have entered into the Unified Contract or to the disadvantage of some of them.'
The Judge also noted that any proposed changes should be restricted to those envisaged by the initial White Paper. It is not clear at this stage how this will affect the LSC's proposals on fees and the Judge has granted the Law Society permission to appeal on the basis of public interest on this point. Dexter Montague were also successful in allied proceedings.
Law Society president Andrew Holroyd said:
“This judgment underlines the shortcomings of the LSC's approach to the reforms of the legal aid system. The award of 75% of costs is a significant vindication of the actions we are taking. The Law Society is not opposed to reform of legal aid but rather to the way it has been introduced by the LSC. It is a shame that we have had to resort to the courts to address this. We hope that the LSC and government will now work with us to secure a sustainable future for access to justice through an extensive supplier base of dedicated professionals”.
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