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27 March 2008 / Roger Smith
Issue: 7314 / Categories: Features , Procedure & practice , Profession , Costs
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Love me tender?

Roger Smith examines the Legal Services Commission's proposals for competitive tendering

“Keep the cost of legal aid down to £2bn. Squeeze the criminal budget. Get the lawyers fighting each other rather than us. Make them bid for their cases.” Thus might Jack Straw, in reality rather more urbane, have instructed Sir Michael Bichard, chair of the Legal Services Commission (LSC). In public speeches, Straw reveals he knows but one thing about legal aid: it costs too much for a man with new prisons to build.

Blind loyalty to external instruction might explain the appalling quality of the consequent paper Best Value Tendering of Criminal Defence Services published by Sir Michael’s commission in 2007. Its standard has been widely criticised, not least in this publication (wsee NLJ, 1 February 2008, p 157 and NLJ, 22 February 2008, p 273). If the commission were interested in raising its game in this area, the Legal Complaints Service has recently supplied a model. Its

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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