Law Society president David Greene said: ‘It is good news for solicitors and anyone needing legally aided advice that the Law Society’s decisive action has prompted the Lord Chancellor to rethink the way solicitors are paid for civil legal aid work that is so vital to preserving access to justice.
‘We brought this action because the LAA announced changes to the way legal aid costs were assessed without a credible consultation or evidence to support moving cost assessments from the courts into the LAA. Our concern was that the LAA may not have the expertise to assess complex costs―historically it has only assessed very low or pre-agreed legal aid bills―whereas cost judges routinely assess the reasonableness of solicitors’ claims for work on complex cases.
‘Equally concerning, the LAA has a stake in the outcome of costs assessments―as payments come from its budget―and so it will not always be the appropriate arbiter, whereas a costs judge is in a position to make an impartial, expert assessment. We’re relieved the LAA has agreed to engage in a genuine consultation.’
The LAA announced the change in June, prompting the Law Society to take legal action. The Administrative Court has formally endorsed a settlement of the claim, under the terms of which the Lord Chancellor will imminently announce a consultation on the assessment of civil legal aid bills.
The Law Society said the consultation is expected to run during February 2020 leading to a decision in March or April.
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