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26 July 2007
Issue: 7283 / Categories: Legal News , Legal aid focus
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LSC denies climb-down on race equality impact assessment

News

The Legal Services Commission (LSC) is denying claims that it has been forced to undertake race equality impact assessments on legal aid reforms after judicial proceedings were launched against it.

The Black Solicitors’ Network (BSN) and the Society of Asian Lawyers (SAL) launched the proceedings against the government, claiming they had failed to carry out a proper race equality impact assessment under the Race Relations Act 1976 in relation to the legal aid reform programme. The Law Society and the Commission for Racial Equality acted as intervening parties.
The dispute was resolved last week after the case was adjourned and the BSN and SAL withdrew their challenge, claiming that the LSC had pledged to carry out a “proper” assessment of the expected impact of its proposals for best value tendering.

Michael Webster of Webster Dixon LLP, acting for BSN and SAL, says: “The government has conceded to impact assessments to be carried out with due regard to the Commission for Racial Equality’s code and guidance, which are far more robust than their previous methods. We would now hope that the government would properly engage with key stakeholders to ensure that their policies are properly implemented in a fair way.”

The LSC, meanwhile, is also claiming victory and rebuts the suggestion that BSN and SAL achieved their goals by withdrawing review proceedings.
In a statement, the LSC says: “We had already committed to publishing a cumulative impact assessment alongside our consultation on best value tendering. To imply that this has changed as a result of the hearing is simply untrue. We did not ‘concede’, nor did we undertake, to adhere to the Commission for Racial Equality’s guide for consultations. However, we have reiterated that we will, of course, have regard to this useful tool for public bodies.”

The LSC says that Mr Justice Burton made clear in awarding costs to the Ministry of Justice (MoJ) and the LSC that the claimants had failed in their review and that the government’s position was not materially different following the hearing. It adds that the court’s decision to provide 70% of costs to the LSC and MoJ reflects the claimants’ willingness to withdraw their claim rather than waste further court time with their case.
The LSC has decided not to enforce the costs order against BSN and SAL.

Issue: 7283 / Categories: Legal News , Legal aid focus
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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