The Ministry of Justice has launched a consultation on handing responsibility for civil legal aid bills of costs over to the Legal Aid Agency (LAA).
Currently, lawyers send bills for claims below £2,500 directly to the LAA but can choose between the courts or LAA for assessment of claims between £2,500 and £25,000. There were about 21,000 court-assessed bills for claims in 2019/2020. However, the COVID-19 pandemic has affected the courts’ ability to make these assessments.
Under the proposals, assessment currently carried out by the courts would be transferred to the LAA, with certain exceptions.
Opponents point to the lack of impartiality of the LAA, and question the capacity of LAA staff to assess high-value claims.
On the other hand, transferring the work would help reduce the burden on the courts and could mean faster payment for legal aid providers.
The consultation closes on 10 April 2021, and can be found here.
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