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26 July 2007
Issue: 7283 / Categories: Legal News , Legal aid focus
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LSC denies climb-down on race equality impact assessment

News

The Legal Services Commission (LSC) is denying claims that it has been forced to undertake race equality impact assessments on legal aid reforms after judicial proceedings were launched against it.

The Black Solicitors’ Network (BSN) and the Society of Asian Lawyers (SAL) launched the proceedings against the government, claiming they had failed to carry out a proper race equality impact assessment under the Race Relations Act 1976 in relation to the legal aid reform programme. The Law Society and the Commission for Racial Equality acted as intervening parties.
The dispute was resolved last week after the case was adjourned and the BSN and SAL withdrew their challenge, claiming that the LSC had pledged to carry out a “proper” assessment of the expected impact of its proposals for best value tendering.

Michael Webster of Webster Dixon LLP, acting for BSN and SAL, says: “The government has conceded to impact assessments to be carried out with due regard to the Commission for Racial Equality’s code and guidance, which are far more robust than their previous methods. We would now hope that the government would properly engage with key stakeholders to ensure that their policies are properly implemented in a fair way.”

The LSC, meanwhile, is also claiming victory and rebuts the suggestion that BSN and SAL achieved their goals by withdrawing review proceedings.
In a statement, the LSC says: “We had already committed to publishing a cumulative impact assessment alongside our consultation on best value tendering. To imply that this has changed as a result of the hearing is simply untrue. We did not ‘concede’, nor did we undertake, to adhere to the Commission for Racial Equality’s guide for consultations. However, we have reiterated that we will, of course, have regard to this useful tool for public bodies.”

The LSC says that Mr Justice Burton made clear in awarding costs to the Ministry of Justice (MoJ) and the LSC that the claimants had failed in their review and that the government’s position was not materially different following the hearing. It adds that the court’s decision to provide 70% of costs to the LSC and MoJ reflects the claimants’ willingness to withdraw their claim rather than waste further court time with their case.
The LSC has decided not to enforce the costs order against BSN and SAL.

Issue: 7283 / Categories: Legal News , Legal aid focus
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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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