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16 August 2007
Issue: 7286 / Categories: Legal News , Profession , Competition
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OFT targets defiant defence solicitors

News

Criminal lawyers who quit the Court Duty Solicitor Scheme (CDSS) in protest at government plans to change fee structures, could have breached competition laws, the Office of Fair Trading (OFT) says.

Following a complaint from the Legal Services Commission (LSC), the OFT has written to lawyers who signalled their intent to resign from the CDSS, saying the decision to drop the work must be taken unilaterally and not after discussion with other law firms.

The OFT letter hints that the Law Society might also be hauled over the coals for breaching the competition rules if it is found to have encouraged lawyers to quit.

It says: “An instruction or recommendation of a professional body to its members not to engage in economic activity in order to ensure that its members are paid above a certain price can fall under the Chapter 1 prohibition.”

The letter continues: “We thought it important to write to express our concern at the suggestion that meetings had taken place amongst defence solicitors in order to respond collectively to rates and calling for non-participation…To avoid the danger that the profession or any section of it might be seen to have collectively boycotted such work, it will be important to ensure that any decisions about participation… are taken by law firms acting individually rather than in concert with one another or on the advice or instruction of any association of the lawyers concerned.”

Andrew Keogh, a partner at Tuckers Solicitors, says: “This illustrates just how desperate the LSC is to keep its now discredited reform programme on track. The LSC has betrayed the profession by delivering price cuts without volume and should not be surprised that the market is reacting in this way.”
Earlier this year, criminal lawyers across the country staged a two-day strike over the proposed reforms, which will introduce competitive tendering and a new payment scheme which, according to Criminal Law Solicitors’ Association (CLSA), represents a 10% pay cut overall. This, says the CLSA, is on top of the fact that rates of pay have been frozen for 12 years, while costs have risen by 50% over the same period.

An OFT spokesperson says: “The OFT appreciates that decisions whether to participate in the scheme may have been taken on a unilateral basis and the letters were therefore intended simply to highlight the type of behaviour that may be contrary to Chapter I of the Competition Act 1998. The OFT has not opened an investigation and does not propose to take any further action at this point in time.”
 

Issue: 7286 / Categories: Legal News , Profession , Competition
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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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