header-logo header-logo

08 September 2020
Issue: 7901 / Categories: Legal News , Profession , Legal aid focus , Legal services
printer mail-detail

Costs assessment dispute escalates

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.

 

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll