The High Court gave the go-ahead last week for the Law Society’s judicial review on the basis the government’s decision was irrational, lacked reasons and was in breach of the constitutional right of access to justice.
Lord Bellamy recommended an ‘immediate’ 15% rise in fees for both solicitors and barristers, in his review in 2021. However, the MoJ’s response, in 2022, while appearing to give a 15% rise was found, on closer analysis by the Law Society, to amount to about 11% for solicitors.
Law Society president Lubna Shuja said the High Court’s decision was ‘a significant and positive step forward.
‘We would encourage the new Lord Chancellor to reconsider his predecessor's refusal to engage with us in some form of alternative dispute resolution and to address our concerns without the need for continued intervention from the court. We are keen to work with the Lord Chancellor to find a way forward which will make this crucially important work financially viable for criminal defence solicitors.
‘Duty solicitors continue to leave criminal legal aid work in their droves because the work is not financially viable—more than 1,400 duty solicitors have left since 2017.’
However, duty solicitors received some good news this week, after the Legal Aid Agency announced it was amending contracts to speed up payments.
From 1 July, solicitors will be able to claim for police station cases when their client is released on police bail.
The Law Society lobbied the Ministry of Justice on the issue after receiving complaints that solicitors were left in financial limbo, often having to wait several months to be paid. One firm told the Law Society it had 101 cases on bail—costing it as the money sat in an ‘arbitrary no-man’s land’.
Law Society president Lubna Shuja said: ‘This change will allow duty solicitors to claim a month after their work in the police station.’
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