Unsuccessful bids – appeals

The LSC says that 92% of bidders for family and Family with Housing contracts have been successful. This is good news for most; but of little consolation if you are in the 8%.

It has to be said that grounds for appeal are limited but if you are not being offered a contract, you will probably want to appeal. Paragraph 24 and paragraphs 31-34 in the Information for Applicants (IFA), contain the appeal provisions.

Appeals and legal challenges in respect of technical errors have generally not been successful historically. However, this year’s tender was on a non-competitive basis, so the case law relating to last year’s tender may not always be applicable.

• Hoole & Co v Legal Services Commission [2011] EWHC 886
• Harrow Solicitors & Advocates v Legal Services Commission [2011] EWHC 1087
• Hossacks (A Firm) v Legal Services Commission [2011] EWHC 2700

We think appeals have a greater chance of success where there is an element of the LSC interpreting information supplied, for example, in relation to financial stability or whether decisions by the SRA should affect a firm’s bid.

It’s always worth appealing as decisions will partly depend on LSC policy in relation to this non-competitive process.