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16 February 2021
Issue: 7921 / Categories: Legal News , Legal aid focus , Costs , Procedure & practice
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Civil legal aid costs: assessing the bill

The Ministry of Justice has launched a consultation on handing responsibility for civil legal aid bills of costs over to the Legal Aid Agency (LAA).

Currently, lawyers send bills for claims below £2,500 directly to the LAA but can choose between the courts or LAA for assessment of claims between £2,500 and £25,000. There were about 21,000 court-assessed bills for claims in 2019/2020. However, the COVID-19 pandemic has affected the courts’ ability to make these assessments.

Under the proposals, assessment currently carried out by the courts would be transferred to the LAA, with certain exceptions.

Opponents point to the lack of impartiality of the LAA, and question the capacity of LAA staff to assess high-value claims.

On the other hand, transferring the work would help reduce the burden on the courts and could mean faster payment for legal aid providers.  

The consultation closes on 10 April 2021, and can be found here.

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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