January 2012
1 post
7 tags
LASPO - what next?
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...
December 2011
1 post
Legal Aid Reforms Postponed →
Is there light at the end of this dark tunnel for those of us who still believe in access to justice?
June 2011
4 posts
4 tags
Why Ken Clarke's Justice Bill is fatally flawed →
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
3 tags
Sound off for Justice →
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
3 tags
Expert's fees being hammered?
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fees, even if they were paid years ago and even if they they have been approved by the court by employing seemingly unpublished (except in a link buried on their website) guidelines.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...
3 tags
Costs Appeals - LSC wrong again?
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Heining, Chair of the Association of Costs Lawyers Legal Aid Committee, has reported that the LSC appear to be using out of date standard letters in relation to the time limits and procedure for Costs Appeals.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...
May 2011
1 post
2 tags
A High Court ruling published today may mean that... →
March 2011
1 post
3 tags
Family Fixed Fees back on the Horizon
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
January 2011
1 post
3 tags
Law Society - Defending Legal Aid Campaign
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...
December 2010
4 posts
5 tags
Proposed Court Closures
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...
5 tags
Proposals for Legal Aid Reform
Anyone who practises within the realm of Legal Aid and anyone with a keen interest in it (if you’ve found this blog - that’s you) should carefully consider the Government’s published proposals here:
http://www.justice.gov.uk/consultations/legal-aid-reform-151110.htm
And then download, complete and submit the Consultation Questionaire:
...
5 tags
Europe Lifeline for Legal Aid?
The government’s well-publicised plan for cuts to the Legal Aid budget which are in consultation until February could be scuppered by a pledge from the EU to set mandatory levels of civil and criminal legal aid for member states from 2013.
In a speech to the Council of Bars and Law Societies of Europe, Commissioner for Justice Viviane Reding said that access to justice was a...
4 tags
High Costs Cases - Don't get caught out!
Here are a few cautionary tails for practitioners contemplating registering their case as a High Costs matter
Make sure that you have extended the costs limitation on your Public Funding certificate to the maximum £25,000 before registering the matter as being High Costs with the Special Cases Unit. I have dealt with several cases where there was a limit of say £10,000 and the Solicitor...
October 2010
5 posts
7 tags
Events Based High Costs Cases
The Special Cases Unit in Docklands now insist on High Costs Cases that they handle are remunerated on an “Events Basis”. Docklands only deal with High Costs Cases where authority have been granted to instruct a QC or more than one Counsel. This also includes cases where authority has been granted to instruct a “Leading Junior” with a Solicitor Advocate acting as...
7 tags
LSC won't appeal Judicial Review outcome
The Legal Services Commission has announced that it will not lodge an appeal against the Law Society’s successful Judicial Review challenging their family tender process. The Commission stated that an appeal would only prolong uncertainty over the future of the family contracts, causing difficulties for clients and providers.
The commission has said that it is consulting with representative...
5 tags
Lawyers call for details of £350m legal aid budget... →
Law Society Gazette Article
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Protection for Access to Justice following...
The Government’s Spending Review has confirmed that there will be a “6% reduction” each year for four years to the Ministry of Justice. In real terms this is a reduction of 23% - down from £8.9 billion to £7.3 billion. Some of the savings will be as a result of reforms to stem the “unsustainable rise in the UK prison population”; the closure of up to 157...
5 tags
Legal Services Commission - Tender Process...
The LSC has been dealt a body blow arising out of the Judicial Review brought by the Law Society in relation to their tender process for the new family contract, which had been due to come into force on 14 October, but has since been dropped back to 15 November. This is what the Law Society says:
The Law Society has secured a victory for families across England and Wales after the High Court...