header-logo header-logo

16 March 2007 / Karen Mackay
Issue: 7264 / Categories: Features , Legal aid focus , Family
printer mail-detail

Under pressure

Unrealistic deadlines threaten to undermine government plans for restructuring family legal aid, warns Karen Mackay

Last July, the Department for Constitutional Affairs (DCA) and the Legal Services Commission (LSC) published a joint consultation paper, Legal Aid Reform: The Way Ahead, on new fee structures for legal aid work. This was published at the same time as Lord Carter’s report, Legal Aid: A Market-Based Approach to Reform, on the procurement of legal aid services.
Lord Carter’s review, which was initiated in July 2005, had focused on criminal legal aid work until the final months when various representative bodies, such as Resolution, were invited to meetings to discuss civil and family legal aid. However, discussions had been very broad and it was a complete surprise when the DCA/LSC consultation paper published detailed fee schemes.

Ministers touring the country were left in no doubt that family lawyers did not think that the fee levels proposed were workable. Nor was the timetable, which envisaged a three-month consultation period and implementation within six months of the close of consultation. Family

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll