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02 August 2007
Issue: 7284 / Categories: Legal News , Profession , Fees
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High Court ruling on unified contract

News

The new fixed fees for civil legal aid cases will be introduced as planned from October 2007, says the Legal Services Commission (LSC), despite a High Court ruling that the unified contract breaches European law.
The ruling follows the Law Society’s claim for judicial review, which challenged the LSC’s extensive right to amend the contract.
Mr Justice Beatson said changes to the contract should not be made if they would “alter the economic balance of the contract to the disadvantage of those who have entered into the unified contract”.

He said any proposed changes should be restricted to those envisaged by the initial white paper. The right to amend peer review processes and key performance indicators were also held to be incompatible with the obligation to set out technical requirements in the contract documentation.
The LSC insists the contractual provision enabling it to amend the unified contract in relation to fee levels and structures was lawful and it was only the requirements relating to amendments to the “technical specifications” of the contract which were found to breach EU procurement rules.

Carolyn Regan, LSC chief executive, says: “I am obviously pleasedthat the court has confirmed that it is lawful for the LSC to amend the unified contract to introduce the new civil legal aid fee schemes from October 2007.“
However, Legal Aid Practitioners Group director Richard Miller says: “At long last, we have seen the LSC held to account after trampling on the rights of the profession. We hope they will take from this the message that they are not above the law. Maybe we can now start to re-establish reasonable dialogue with a body that understands there are limits to its powers.
“Unfortunately, the initial signs are not good. The LSC’s own response to this judgment demonstrates no humility, no acknowledgement of their failure to comply with the law and a denial that the judgment has any implications for the introduction of fixed fees.”

Law Society president Andrew Holroyd says: “This judgment underlines the shortcomings of the LSC’s approach to the reforms of the legal aid system.”
Both the LSC and the Law Society are considering an appeal.
 

Issue: 7284 / Categories: Legal News , Profession , Fees
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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