The Legal Services Commission (LSC) is to appeal against the Law Society’s High Court victory on legal aid, the body announced last night (5 September).
Mr Justice Beatson handed out the ruling in a judicial review in July after accepting Chancery Lane’s argument that key elements of the Government’s controversial plans to reform the £2bn legal aid system breached European law and public contracts regulations.
Beatson ruled that the plans should not go ahead in their present form if they were likely to unfairly disadvantage firms that entered into the LSC’s unified contract, adding that peer review requirements and key performance indicators were in breach of European procurement rules. He also awarded the Law Society 75% of costs.
Explaining the decision to lodge an appeal, LSC chief executive Carolyn Regan said: “The judgment cold possibly result in the need for much shorter contracts to ensure that we can amend the technical specifications at regular intervals to reflect changes in circumstances or Government policy. Such short-term contracts would not be in the interests of providers or clients.”
The news comes as the LSC moves to bring forward the introduction of its new criminal legal aid contract from April 2008 to January. However, changes that were due to be implemented next month will now be delayed until the start of next year, when new six-month contracts will be awarded.
Law society president Andrew Holroyd commented: “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.”
Holroyd also issued an appeal for further talks, saying: “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.”
