header-logo header-logo

13 September 2007
Issue: 7288 / Categories: Legal News , Legal aid focus
printer mail-detail

More delays to legal aid reforms

News

Changes to the criminal legal aid contract—due to be introduced in October—are to be further delayed until January 2008, the Legal Services Commission (LSC) says.

The news comes as the LSC confirms plans to appeal the judgment in the judicial review brought against the unified contract by the Law Society, R (on the application of the Law Society) v Legal Services Commission.
The LSC is disputing Mr Justice Beatson’s ruling that the LSC’s power to amend the “technical specifications” of the contract, such as peer review requirements and key performance indicators, breached EU law. 
Law Society president Andrew Holroyd says the LSC should now reconsider introducing civil contracts in October.

He says: “There is a significant threat that ploughing ahead with these changes will drive out good quality and well organised firms. There will be no legal aid lawyers to represent those that need it most. We call on the government to delay all the current changes, and to sit down with us to discuss whether there is a better way forward. It is not too late to sort this out to create a sustainable future for legal aid.”

The LSC admits confusion arising from the ruling was part of the reason for the delay to the criminal contract changes, but has pledged to introduce fixed fees for civil work in October 2007.

It says that, unlike the civil unified contract, the general criminal contract (GCC) was entered into some time before the legal aid reform programme was announced, therefore providers would not have been aware of the proposed reforms at the time they signed. Because of this and “the uncertainty arising from the unified contract judgment, the LSC will not now issue a notice of amendment”.

The LSC plans to terminate the existing GCC from 13 January 2008; award new contracts to operate for six months from 14 January 2008; and re-allocate duty solicitor work and issue rotas on that basis for the six months of the new contract.

Legal aid reforms for criminal work that were to be implemented between 15 October 2007 and 1 January 2008 will now be incorporated into the criminal contract to be introduced on 14 January 2008.

These include: the new police station fixed fees; expansion of the duty solicitor call centre and Criminal Defence Service Direct; and introduction of the very high cost case contracting panel.

The litigator graduated fee scheme is pencilled in for introduction at the same time, subject to the outcome of a consultation, and the unified contract for criminal legal aid services is planned for July 2008. 

Issue: 7288 / Categories: Legal News , Legal aid focus
printer mail-details

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
back-to-top-scroll