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The double-headed attack on the Government’s controversial new criminal legal aid contracts will be heard in two separate sets of proceedings in the spring.
A judicial review of the decision to proceed with the contracts will be heard by the Divisional Court in April. The legal challenge, brought by the Fair Crime Contracts Alliance – a coalition of firms – follows allegations made by a whistle-blower and denied by the Legal Aid Agency (LAA), that the assessment process was flawed.
More than 100 individual firms, in 69 out of the 85 procurement areas, whose tender bids were unsuccessful, have also brought procurement law challenges under Part 7 of the Civil Procedure Rules. These cases will be heard in the Technology and Construction Court in May.
In a hearing at the Royal Courts of Justice in December, Lord Justice Laws and Sir Kenneth Parker declined the invitation made by all parties to hear the cases together, stating that the Divisional Court had no jurisdiction to hear Part 7 claims.
The challenges have resulted in the LAA delaying the start of the new contracts even longer that it had anticipated. As a result of the litigation the LAA had indicated that the contracts, which were supposed to begin in January, would begin in April. But that date will have to be put back until the end of both sets of proceedings.
The LAA admitted that a transcription error denied London firm Edward Fail, Bradshaw & Waterson a contract.
Though the Ministry of Justice has said that it will defend the challenges, it is understood that officials are re-examining the policy and that the Lord Chancellor, Michael Gove, might be close to announcing a policy U-turn.
Meanwhile, peers attacked the coalition government’s assault on legal aid, stating that it had no mandate for the cuts.
Liberal Democrat Lord Lester of Herne Hill QC told the House: ‘It is a state’s duty to provide a system of legal aid that enables everyone, including the poor and not so rich, to have effective access to courts and tribunals.’
While Lord Howarth of Newport, who defected from the Conservatives to Labour in 1995, blamed both his parties and said the coalition had no mandate for the cuts as their manifestos had not hinted at it.
The double-headed attack on the Government’s controversial new criminal legal aid contracts will be heard in two separate sets of proceedings in the spring.
A judicial review of the decision to proceed with the contracts will be heard by the Divisional Court in April. The legal challenge, brought by the Fair Crime Contracts Alliance – a coalition of firms – follows allegations made by a whistle-blower and denied by the Legal Aid Agency (LAA), that the assessment process was flawed.
More than 100 individual firms, in 69 out of the 85 procurement areas, whose tender bids were unsuccessful, have also brought procurement law challenges under Part 7 of the Civil Procedure Rules. These cases will be heard in the Technology and Construction Court in May.
In a hearing at the Royal Courts of Justice in December, Lord Justice Laws and Sir Kenneth Parker declined the invitation made by all parties to hear the cases together, stating that the Divisional Court had no jurisdiction to hear Part 7 claims.
The challenges have resulted in the LAA delaying the start of the new contracts even longer that it had anticipated. As a result of the litigation the LAA had indicated that the contracts, which were supposed to begin in January, would begin in April. But that date will have to be put back until the end of both sets of proceedings.
The LAA admitted that a transcription error denied London firm Edward Fail, Bradshaw & Waterson a contract.
Though the Ministry of Justice has said that it will defend the challenges, it is understood that officials are re-examining the policy and that the Lord Chancellor, Michael Gove, might be close to announcing a policy U-turn.
Meanwhile, peers attacked the coalition government’s assault on legal aid, stating that it had no mandate for the cuts.
Liberal Democrat Lord Lester of Herne Hill QC told the House: ‘It is a state’s duty to provide a system of legal aid that enables everyone, including the poor and not so rich, to have effective access to courts and tribunals.’
While Lord Howarth of Newport, who defected from the Conservatives to Labour in 1995, blamed both his parties and said the coalition had no mandate for the cuts as their manifestos had not hinted at it.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
In this wide-ranging interview, Professor Jo Delahunty KC, Family Law KC of the Year, talks to Anthony Inglese CB about the values that shaped her, the moment she found her vocation and, in an intensely personal call to arms, why time is running out for the legal aid Bar
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
The client’s best interests could be well-served by sharing the advocacy with junior counsel more often than you might think – Naomi Cunningham and Charlotte Eves explore some less orthodox ways to divide the speaking role
