*/
THE Bar Council has taken the first step toward a judicial review (JR) of two consultations on Advocates Graduated Fees and Very High Cost Cases (VHCCs) which are being conducted by the Ministry of Justice (MoJ) and the Legal Services Commission (LSC) respectively.
The Bar Council has instructed solicitors to write to the MoJ and the LSC, in accordance with the pre-action protocol for judicial review claims. The principal basis for the Bar Council’s claim is that the consultation exercise is inadequate and unfair. The Bar Council’s decision to proceed with an application for JR has not been taken lightly. It has been more than twenty years since the Bar Council last instituted JR proceedings against the Government, despite a series of poorly handled reviews and efforts to reform the legal aid system.
Only this week, in their 9th Report (HC 322), the Public Accounts Committee heavily criticised the MoJ and the LSC for the confusion and uncertainty about their respective roles in relation to legal aid, the absence of a clear strategic direction and poor management of legal aid changes at the Commission and the LSC’s lack of understanding of the legal services market. Because of the Commission’s lack of basic information about its supplier base, it is unable to demonstrate that it offers the taxpayer good value for money. These findings, which follow last year’s highly critical report of the Justice Committee on family legal aid reform and a series of botched efforts to reform criminal legal aid, have systematically undermined the justice system. Despite these failings, the Bar Council has consistently put forward proposals designed to safeguard and promote the administration of justice, without seeking recourse to legal action.
However, the Bar Council considers that, despite its requests for a change of approach which recognises that the two latest consultations (and a third, as yet unpublished, on the introduction of a single graduated fee) are inextricably linked, theconduct of the consultation by the MoJ and the LSC has been so flawed that judicial review is the only option left open to the Bar. The full press release, including the comments made by Bar Chairman, Nicholas Green QC and the Chairman of the CBA, Paul Mendelle QC can be found on the Bar Council website
Only this week, in their 9th Report (HC 322), the Public Accounts Committee heavily criticised the MoJ and the LSC for the confusion and uncertainty about their respective roles in relation to legal aid, the absence of a clear strategic direction and poor management of legal aid changes at the Commission and the LSC’s lack of understanding of the legal services market. Because of the Commission’s lack of basic information about its supplier base, it is unable to demonstrate that it offers the taxpayer good value for money. These findings, which follow last year’s highly critical report of the Justice Committee on family legal aid reform and a series of botched efforts to reform criminal legal aid, have systematically undermined the justice system. Despite these failings, the Bar Council has consistently put forward proposals designed to safeguard and promote the administration of justice, without seeking recourse to legal action.
However, the Bar Council considers that, despite its requests for a change of approach which recognises that the two latest consultations (and a third, as yet unpublished, on the introduction of a single graduated fee) are inextricably linked, theconduct of the consultation by the MoJ and the LSC has been so flawed that judicial review is the only option left open to the Bar. The full press release, including the comments made by Bar Chairman, Nicholas Green QC and the Chairman of the CBA, Paul Mendelle QC can be found on the Bar Council website
THE Bar Council has taken the first step toward a judicial review (JR) of two consultations on Advocates Graduated Fees and Very High Cost Cases (VHCCs) which are being conducted by the Ministry of Justice (MoJ) and the Legal Services Commission (LSC) respectively.
The Bar Council has instructed solicitors to write to the MoJ and the LSC, in accordance with the pre-action protocol for judicial review claims. The principal basis for the Bar Council’s claim is that the consultation exercise is inadequate and unfair. The Bar Council’s decision to proceed with an application for JR has not been taken lightly. It has been more than twenty years since the Bar Council last instituted JR proceedings against the Government, despite a series of poorly handled reviews and efforts to reform the legal aid system.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
