header-logo header-logo

Costs assessment dispute escalates

06 September 2020
Issue: 7901 / Categories: Legal News , Costs , Legal aid focus , Legal services
printer mail-detail
A judicial review has been lodged against the Legal Aid Agency (LAA) for its decision to move legal aid cost assessments in-house

The Law Society, which launched the case last week, claims the LAA failed to consult the representative bodies, and the LAA may not have enough qualified staff and resources in-house to manage the change. It points to a potential conflict of interest where the LAA is assessing larger bills as it is also the paying party, and argues the costs appeals process is not properly independent as it is controlled by the LAA which also appoints and pays for independent costs assessors.

Law Society president Simon Davis said: ‘Cost assessments are vital in ensuring that when legal aid practitioners send a bill it is carefully scrutinised and they are properly paid for their work.

‘For years, legal aid cost assessments over the value of £2,500 have been conducted by the courts and bills under £2,500 have been assessed by the LAA―a system which has worked well for practitioners and clients alike. Calculating cost assessments can be a complicated process which requires a level of skill and experience, and sufficient time.’

The LAA announced in June that it would bring all assessments in-house from 17 August, on the basis this would speed up the process as claims would no longer need to go before the courts, resulting in faster payments for firms already struggling with cash flow issues during the COVID-19 pandemic. It said it had consulted with ‘representative bodies’ on amendments to the cost assessment guidance.

Davis said the proceedings have been issued on ‘a protective basis’ and invited the LAA to discuss the issue.

The Ministry of Justice was unable to comment while legal proceedings were ongoing.

Issue: 7901 / Categories: Legal News , Costs , Legal aid focus , Legal services
printer mail-details

MOVERS & SHAKERS

Winckworth Sherwood—Tim Foley

Winckworth Sherwood—Tim Foley

Property litigation practice strengthened by partner hire

Kingsley Napley—Romilly Holland

Kingsley Napley—Romilly Holland

International arbitration team specialist joins the team

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
back-to-top-scroll