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The consultation process adopted by the Lord Chancellor during the Government’s legal aid reforms “was so unfair as to result in illegality”, the High Court has ruled.
The London Criminal Courts Solicitors Association and Criminal Law Solicitors Association brought the judicial review challenge to ascertain whether procedural fairness required the Lord Chancellor to disclose for comment the contents of the two independent expert reports, which had provided the basis for reducing the number of duty provider work contracts from 1,600 to 525.
Mr Justice Burnett ruled that “something clearly did go wrong” and consequently quashed the decision that 525 duty provider work contracts would be available under the new arrangements, ordering a “relatively short” consultation on the research which informed its decision. The solicitors’ groups’ objection to the fee cuts was rejected because a “sufficient connection between the flaws identified in the consultation process and the decision to reduce fees” had not been established.
Mr Justice Burnett ruled that “something clearly did go wrong” and consequently quashed the decision that 525 duty provider work contracts would be available under the new arrangements, ordering a “relatively short” consultation on the research which informed its decision. The solicitors’ groups’ objection to the fee cuts was rejected because a “sufficient connection between the flaws identified in the consultation process and the decision to reduce fees” had not been established.
The consultation process adopted by the Lord Chancellor during the Government’s legal aid reforms “was so unfair as to result in illegality”, the High Court has ruled.
The London Criminal Courts Solicitors Association and Criminal Law Solicitors Association brought the judicial review challenge to ascertain whether procedural fairness required the Lord Chancellor to disclose for comment the contents of the two independent expert reports, which had provided the basis for reducing the number of duty provider work contracts from 1,600 to 525.
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