So, where are we at with the Legal Aid, Sentencing and Punishment of Offenders Bill?   Good question, and one that I will answer as best as I can, given that it is tied up with the minutiae of parliamentary process.

The bill was before the Lords in mid-January with opposition from peers from all parties, many of whom were proposing amendments, particularly to the sections in relation to eligibility and scope of Public Funding (Legal Aid).  One such amendment, surprisingly proposed by Lord Tebbit, was to reinstate public funding for clinical negligence cases.  However, after many hours of debate, the amendments were withdrawn one by one and the bill passed through the house.

What’s going on here?  What seems to be the case is that the peers who are opposing the bill saw no merit in defeating the bill in the Lords, as they feel that a more effective tactic is to use the eight days of committee meeting to stage shows of strength to obtain concessions from Coalition ministers.  Once ministers have been given a chance to compromise with regard to the content of the bill in committee and there is a vote at that stage, it cannot be revisited in the same form at a later date.  The bill might just then reflect the proposed amendments that were previously withdrawn.

This might just be the better news for a change.  Let’s see.

Is there light at the end of this dark tunnel for those of us who still believe in access to justice?

An article in the New Statesman by Law Society President, Linda Lee.

In the article, Linda Lee argues that the new bill will:

• Lead to more crime, according to the government’s own Impact Assessment
• Cost taxpayers more than it saves in knock-on effects for society
• Block access to justice for all

Join the Sound off for Justice campaign and sign their letter to David Cameron for him to intervene in the proposed cuts to Legal Aid

In these days of budgetary pecuniary and threats of more cuts, the LSC appears to being resorting to reductions to expert’s fees, even if they were paid years ago and even if they they have been approved by the court by employing seemingly unpublished (except in a link buried on their website) guidelines.

Chair of Resolution’s Legal Aid Committee, Dave Emmerson, has written the following letter to Legal Aid Lawyers on the Resolution website:

Dear Legal Aid Lawyers,

A number of you have reported that claims for experts’ fees are routinely being disallowed or reduced on assessment by the Legal Services Commission. This has happened even where the Court has approved the expense as reasonable.

The LSC’s change of policy is causing real problems, particularly if an expert was paid a couple of years ago and the solicitor may not be able to recover any shortfall from the expert.

It appears that the LSC is applying the rates from an internal guideline document, although these have not been published by the LSC. You can download the guidance here.

The Association of Lawyers for Children has drafted a letter of instruction for experts to ensure that solicitors do not bear the liability for any shortfall. The LSC has seen the letter and has stated: ‘The LSC is content with the letter in so far as it reflects the policies, procedures and contract terms of the LSC.’ The ALC is happy for Resolution members to use the precedent letter, for which we are very grateful. You can download it here.

The current position is very unsatisfactory as members are not receiving payment in full and are having to appeal. I have raised the issue with the LSC’s Head of Contracting and correspondence is ongoing. I will keep you informed of developments.

Dave Emmerson,
Chair, Legal Aid Committee

In an article published in Resolution’s “e-News”, Murray Heining, Chair of the Association of Costs Lawyers Legal Aid Committee, has reported that the LSC appear to be using out of date standard letters in relation to the time limits and procedure for Costs Appeals.

The correct procedure is to appeal to an Independent Costs Assessor within 28 days, which can be extended for good reason. It can be found at paragraphs 8.48 – 8.66 in the Unified Contract Specification.

The Ministry of Justice have started a four week consultation with the provider representative bodies in respect of a Funding Order intended to implement Phase 2 of the Family Fee schemes.  The consultation will close on 18 March with an estimated date at present for the new schemes to be implemented on 2 May 2011. 

Consultation letter HERE

The Law Society is running a series of free roadshows to update practitioners on the government’s Green Paper proposals for civil legal aid:  

• Cardiff – 17 January
• London – 26 January
• Brighton – 3 February
• Manchester – 19 January
• Newcastle – 27 January
• Wakefield – 8 February
• Nottingham – 24 January
• Plymouth – 1 February
• Cambridge – 9 February
• Birmingham – 25 January
• Bristol – 2 February

Places are likely to be limited so book early at:

http://services.lawsociety.org.uk/events/

Get involved with the Law Society’s campaign at: www.lawsociety.org.uk/defendinglegalaid

A campaigner briefing pack is available to advise you on how to brief your MP and get coverage in your local press

Word version

PDF version

The Coalition have finalised the list of Magistrates’ and County Courts to be closed as part of their spending cut programme.  Certain courts, such as Barnsley, Bury, Llangelli, City of London and Skipton that were due for the chop in the initial consultation have been given a reprieve, but a further 93 Magistrates’ and 49 County Court have not been so lucky.  

Justice Minister Jonathan Djanogly stressed that 85% the general public could still be at their nearest court within an hour using public transport as opposed to 90% at the moment.

With the proposed cuts to the Legal Aid budget, the term “Access to Justice” coined by Lord Wolf less than 15 years ago is beginning to ring hollow.  Without stooping to much to melodrama, when money is more important than justice, we need to have a long hard look at the the society we are becoming.

The full list of court closures is as follows:

North West

Magistrates’ courts:
Northwich Magistrates’ Court, Southport Magistrates’ Court, Knowsley Magistrates’ Court, Whitehaven Magistrates’ Court, Penrith Magistrates’ Court, Rawtenstall Magistrates’ Court, Salford Magistrates’ Court, Rochdale Magistrates’ Court.
County courts;
Northwich County Court, Southport County Court, Penrith County Court, Runcorn County Court, Whitehaven County Court, Rawtenstall County Court, Chorley County Court, Salford County Court, Bury County Court.

North East

Magistrates’ courts:
Guisborough Magistrates’ Court, Bishop Auckland Magistrates’ Court
Tynedale Magistrates’ Court, Alnwick Magistrates’ Court, Blaydon Magistrates’ Court, Gosforth Magistrates’ Court, Houghton Le Spring Magistrates’ Court, Goole Magistrates’ Court, Skipton Magistrates’ Court, Selby Magistrates’ Court, Batley And Dewsbury Magistrates’ Court, Keighley Magistrates’ Court Sitting At The Bingley Court House, Pontefract Magistrates’ Court.

County courts:
Bishop Auckland County Court, Consett County Court, Barnsley County Court, Goole County Court, Skipton County Court, Pontefract County Court, Keighley County Court, Dewsbury County Court.

Wales:

Magistrates’ courts:
Barry Magistrates’ Court, Aberdare Magistrates’ Court, Llwynypia Magistrates’ Court, Ammanford Magistrates’ Court, Cardigan Magistrates’ Court, Llandovery Magistrates’ Court, Denbigh Magistrates’ Court, Pwllheli Magistrates’ Court, Flint Magistrates’ Court, Chepstow Magistrates’ Court, Abertillery Magistrates’ Court, Abergavenny Magistrates’ Court, Llangefni Magistrates’ Court.

County courts:
Chepstow County Court, Aberdare County Court, Rhyl County Court, Pontypool County Court, Llangefni County Court.

Midlands

Magistrates’ courts:
Halesowen Magistrates’ Court, Sutton Coldfield Magistrates’ Court, West Bromwich Magistrates’ Court, Rugby Magistrates’ Court, Stoke Magistrates’ Court, Tamworth Magistrates’ Court, Ludlow Magistrates’ Court, Market Drayton Magistrates’ Court, Oswestry Magistrates’ Court, Ilkeston Magistrates’ Court, Newark Magistrates’ Court, Worksop Magistrates’ Court, Retford Magistrates’ Court, Coalville Magistrates’ Court, Market Harborough Magistrates’ Court, Melton Mowbray Magistrates’ Court, Spalding Magistrates’ Court, Towcester Magistrates’ Court, Daventry Magistrates’ Court, Rutland Magistrates’ Court, Kettering Magistrates’ Court.

County courts:
Rugby County Court, Stourbridge County Court, Stratford-Upon-Avon County Court, Newark County Court, Worksop County Court, Melton Mowbray County Court, Wellingborough County Court, Grantham County Court, Skegness County Court, Tamworth County Court, Oswestry County Court, Ludlow County Court, Shrewsbury County Court, Evesham County Court, Redditch County Court, Burton-Upon-Trent County Court, Kidderminster County Court.

South West

Magistrates’ courts:
Frome Magistrates’ Court, Bridgwater Magistrates’ Court, Liskeard Magistrates’ Court, Newton Abbot Magistrates’ Court, Camborne Magistrates’ Court, Totnes Magistrates’ Court, Honiton Magistrates’ Court, Penzance Magistrates’ Court, Blandford Forum Magistrates’ Court, Wimborne Magistrates’ Court, Coleford Magistrates’ Court, Cirencester Magistrates’ Court, Stroud Magistrates’ Court, Andover Magistrates’ Court, Alton Magistrates’ Court, Lyndhurst Magistrates’ Court.

County courts:
Cheltenham County Court, Penzance County Court, Trowbridge County Court, Poole County Court.

South East

Magistrates’ courts:
Grays Magistrates’ Court, Harlow Magistrates’ Court, Epping Magistrates’ Court, Ely Magistrates’ Court, Wisbech Magistrates’ Court,
Thetford Magistrates’ Court, Cromer Magistrates’ Court, Swaffham Magistrates’ Court, Sudbury Magistrates’ Court, Ashford Magistrates’ Court, Sittingbourne Magistrates’ Court, Epsom Magistrates’ Court,
Woking Magistrates’ Court, Mid-Sussex Magistrates’ Court, Lewes Magistrates’ Court, Bicester Magistrates’ Court, Hemel Hempstead Magistrates’ Court, Witney Magistrates’ Court, Amersham Magistrates’ Court, Newbury Magistrates’ Court, Didcot Magistrates’ Court.

County courts:
Ashford County Court, Gravesend County Court, Haywards Heath County Court, Epsom County Court, Huntingdon County Court, Harlow County Court, Lowestoft County Court, Newbury County Court, Hitchin County Court.

London

Magistrates’ courts:
Acton Magistrates’ Court, Haringey Magistrates’ Court (Highgate), Harrow Magistrates’ Court, Sutton Magistrates’ Court, Barking Magistrates’ Court, Brentford Magistrates’ Court, Kingston Magistrates’ Court, Woolwich Magistrates’ Court, Balham Youth Court, Waltham Forest Magistrates’ Court, Tower Bridge Magistrates’ Court.

County courts:
Ilford County Court, Mayor’s And City Court.