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01 January 2009
Issue: 7350+7351 / Categories: Legal News , Procedure & practice , Profession
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New VHCC proposals top legal aid changes

Legal aid

The Legal Services Commission is dropping hourly rates and turning tail on its plans to set up a panel of barristers for complex criminal cases. The Commission’s proposals, launched in December 2008, will create a panel of litigators and a list of accredited advocates for very high cost criminal cases (VHCCs).

Litigators will negotiate how much work they carry out in a contract, and cases will be structured around a series of core litigation tasks.

Advocates will be contracted for individual cases, and will be paid a combination of graduated fees for core advocacy tasks and negotiated rates for case specific tasks rather than hourly rates. Barristers boycotted a VHCC panel set up last January, forcing the Commission to drop its plans, and a revised scheme set up in its place is due to expire in July 2009.
Tim Dutton QC, immediate past chairman of the Bar, says: “The proposed scheme should provide a fair payment mechanism, which reflects the complexity of the cases in question, and the concomitant expertise required of those advocates who conduct them. It will deliver within budget.”

Civil legal aid will become fully electronic in 2010, under a “Delivery Transformation” scheme announced by the Commission in December.

Applications for certificates, the completion of financial means assessments, billing and bill payments will be done electronically. The commission
says the new system will speed up progress on cases and save up to £7m in costs a year.

MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

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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