Authorities’s ‘irrational policy-making’ has large penalties for legal justice system, Legislation Society warns
The Legislation Society has urged the lord chancellor to both rethink his choice to not enhance legal authorized assist charges by the really useful naked minimal or face a judicial evaluate.
In 2021, an unbiased evaluate of legal authorized assist, led by Christopher Bellamy KC, really useful a direct enhance in charges of a minimum of 15 per cent.
The federal government has as a substitute put ahead its personal package deal of reforms that features a gradual price enhance for legal authorized assist solicitors of 11 per cent by 2024.
The Legislation Society has despatched a pre-action letter to the federal government which challenges its decision-making as illegal and irrational.
Legislation Society president, Lubna Shuja, stated: “We argue the lord chancellor’s choice to not remunerate solicitors by the naked minimal 15 per cent, which the unbiased evaluate stated was wanted instantly over a yr in the past to forestall the collapse of the legal defence sector, is illegal, as is the choice to not take motion to handle the chance of native market failure.”
The Legislation Society has urged the federal government to withdraw its selections. It should problem a judicial evaluate looking for an order to quash them if the federal government declines to rethink.
Shuja stated: “The federal government is selecting to disregard the financial recommendation and evaluation which Lord Bellamy’s evaluate crew painstakingly produced, utilizing information the federal government itself equipped. As a substitute, the federal government is implementing insurance policies that run in opposition to the rationality of the evaluate it commissioned and accepted.”
The federal government’s “irrational policy-making’’ could have large penalties for the small companies working within the legal defence sector, the legal justice system as an entire and 1000’s of victims and defendants looking for justice, Shuja stated.
She added: “A rational coverage path was recognized in Lord Bellamy’s complete evaluate and largely accepted, together with 15 per cent for barristers, however then the important thing suggestion affecting solicitors – who have been seen as being in essentially the most ‘parlous state’ – was rejected.
“The Lord Chancellor failed to offer any causes for ignoring that key suggestion regardless that there was a respectable expectation that such causes can be given. With out causes, we will solely conclude that call is irrational.”
The Legislation Society has proposed different dispute decision of the proposed litigation, with unbiased mediation by a senior lawyer or former decide.
