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18 January 2021
Issue: 7917 / Categories: Legal News , Procedure & practice , Costs
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Success for solicitors on legal aid bills

Solicitors have won the right to have civil legal aid bills assessed by specialist judges, following legal action brought by the Law Society
The Lord Chancellor confirmed last week that solicitors can choose to have bills between £2,500 and £25,000 assessed by either the Legal Aid Agency (LAA) or specialist judges, while the LAA consults on the best way for legal aid costs to be assessed in future.

Law Society president David Greene said: ‘It is good news for solicitors and anyone needing legally aided advice that the Law Society’s decisive action has prompted the Lord Chancellor to rethink the way solicitors are paid for civil legal aid work that is so vital to preserving access to justice.

‘We brought this action because the LAA announced changes to the way legal aid costs were assessed without a credible consultation or evidence to support moving cost assessments from the courts into the LAA. Our concern was that the LAA may not have the expertise to assess complex costs―historically it has only assessed very low or pre-agreed legal aid bills―whereas cost judges routinely assess the reasonableness of solicitors’ claims for work on complex cases. 

‘Equally concerning, the LAA has a stake in the outcome of costs assessments―as payments come from its budget―and so it will not always be the appropriate arbiter, whereas a costs judge is in a position to make an impartial, expert assessment. We’re relieved the LAA has agreed to engage in a genuine consultation.’

The LAA announced the change in June, prompting the Law Society to take legal action. The Administrative Court has formally endorsed a settlement of the claim, under the terms of which the Lord Chancellor will imminently announce a consultation on the assessment of civil legal aid bills.

The Law Society said the consultation is expected to run during February 2020 leading to a decision in March or April.

Issue: 7917 / Categories: Legal News , Procedure & practice , Costs
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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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