header-logo header-logo

Legal aid cuts start to bite

25 November 2010
Issue: 7443 / Categories: Legal News
printer mail-detail

Implications “deeply worrying” for the profession

Legal professionals have been assessing the implications of the government’s consultation on legal aid.

James Stark, of Garden Court North, who specialises in housing law cases, described the proposals as “vague” and “worrying”.

“What they have said is that certain claims will continue to be funded, including where there is a risk of loss of someone’s home. It is not clear what has been taken out of scope. Where do you draw the line in a housing disrepair case? Is a faulty electric socket that could cause a fire serious enough?

“I can’t see anything in the 224-page document about mixed cases. What will happen where part of the claim is in scope but other parts aren’t?”
Stark said he was concerned about the proposal to extend “risk rates” to all cases where a costs order is expected. This is where the Legal Services Commission pays a reduced hourly rate, £50 instead of £120 for junior counsel, and the practitioner retrieves his full rate from the costs award.
“It will be difficult to get people to take on these cases because of the risk they won’t be able to recover their costs, and because these cases can sometimes involve huge quantities of work,” he said. “It amounts to a thumping great cut to fees.”

David Allison, chairman of family lawyers’ group, Resolution, said he was “deeply worried” that mediation was being seen as a “universal panacea”.
Legal aid is to be removed from private family law cases other than those involving domestic violence or forced marriage, but mediation for separating or divorcing couples will remain available.

While 90% of couples already reached agreement out of court, “those that do need legal aid usually do so for good reason—intimidation by one partner over another, or an imbalance of financial power in the relationship,” Allison said.

The Law Society is asking solicitors for evidence and case studies of how the cuts will impact on justice, to help it put forward its case to the Ministry of Justice. The consultation, “Proposals for the Reform of Legal Aid in England and Wales”, is due to end on Valentine’s Day.

Issue: 7443 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll