Author Archives: Simon

LASPO review finally announced 

The long-awaited review of LASPO, promised by the government within three to five years of implementation, has finally been announced.

In a written statement to Parliament yesterday, the Lord Chancellor said it would be conducted by MoJ officials, with input from interested parties, and would report by the 2018 summer recess (which would take it just beyond five years since LASPO came into force in April 2013).

The statement is here, and the accompanying memorandum is here

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Filed under Actions Against the Police, Civil, Clinical Negligence, Community Care, Crime, Family, Housing, Immigration, LASPO, Mental Health, Policy, Public Law, Social welfare

MoJ announces LGFS PPE cut

The MoJ has responded to its consultation on proposals to cut PPE payments in crime LGFS cases. Despite 97% opposition from over 1,000 responses, it is pressing ahead with the proposal. From 1 December 2017, PPE payments will be limited to 6,000 pages, down from the current 10,000. Any extra will have to be claimed as discretionary special preparation fees.

The MoJ also confirmed that the delayed second 8.75% across the board fee cut will now not go ahead. It has yet to announce its  decision on the proposal to cut fees for court appointees.

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Bach report published

Lord Bach’s Access to Justice Commission has published its final report, available here. It is a detailed and thoughtful report, which should provoke further debate about the impact on access to justice – and particularly those who can’t get it – following the reforms of recent years. There is a lengthy list of recommendations, which fall into three main categories:

  • The creation of a new statutory enforceable “right to justice” and the creation of a Justice Commission
  • Reform of the legal aid scheme, including widening and simplifying the means test and contributions, increasing legal aid scope to restore most family, some immigration, and cases involving children, as well as reforms to judicial review, inquest and exceptional case funding, and replacing the LAA with an independent body and simplifying administration
  • Wider and better public legal education and a universal advice and information portal.

Sir Henry Brooke,  the retired Court of Appeal judge, was one of the commissioners. Since the publication of the report he has posted a series of blogs, well worth reading, looking at some of the background to the Commission’s recommendations.

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Filed under Civil, Crime, LASPO, Policy

August round up

We’ve covered elsewhere the key LAA announcement – the timetable for the 2018 civil contracts tender – but there are a couple of other issues that’s it’s worth making sure didn’t get overlooked in the holiday season.

LAA online services – including CCMS, eforms, CWA, CCLF and the management information service – are accessed via the LAA portal. The portal is being upgraded on 11 September. It doesn’t seem that there will be a major overhaul of the look and functionality of the systems. But the LAA promises increased stability and faster log in times.

Crucially, following the upgrade all users will have to reset their passwords. In order to do that, they need to know their current passwords. So you should make sure that all users in your office know their current passwords and have checked they still work before 5 September – which is the last day for requesting a reset before the upgrade. More information here.

Meanwhile, online billing for Crown Court work (both AGFS and LGFS) will become mandatory from 31 October – more here.

Immigration practitioners looking for extra matter starts, including those that didn’t get any in the recent supplementary matter starts process, have been reminded that you can ask your contract manager for more matter starts when needed. The LAA has also issued news alerts drawing attention to the rules on claiming hourly rates  and on refunding client travel in immigration cases. News articles like this can be a useful reminder of how the LAA sees the rules following feedback of difficulties, but also an indicator of potential audit activity – so are something immigration practitioners will want to take note of.

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Filed under Civil, Costs, Crime, Immigration

LAA online news

The LAA was planning an upgrade of its online portal, due to complete in May. But May came and went, and yesterday it said it was working on a revised schedule. No new dates for the improvements were given.

It’s to be hoped that the upgrades – whenever they come – will include improvements to CCMS. LAPG’s Chris Minnoch reported recently on early findings from its survey of CCMS users, which showed support for online working in principle – but serious problems with CCMS in practice.

One issue for CCMS users is the time taken to submit applications for legal aid and getting properly paid for doing so. As we’ve reported before, the historic costs guidance that 30 minutes is reasonable – which dates from the days of paper applications – is still applied rigorously by the LAA, leaving ex gratia claims as the only remedy where longer is spent. So it was welcome news yesterday when the Public Law Project said that it was in talks with the LAA about amended guidance. It seems this arises out of an appeal against an allowance of 30 minutes for an application that took 3 hours.

Meanwhile, as of last Friday, the LAA will only communicate with crime firms electronically on case-related issues. All orders, notices, information requests and other correspondence will go to the email address associated with the e-forms account of the case owner. So it may be wise for firms to have systems for checking the emails of staff setting up cases when on leave – or to use a generic email address for all cases. Paper copies will continue to be sent to clients.

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Filed under Actions Against the Police, Civil, Clinical Negligence, Community Care, Costs, Crime, Family, Housing, Immigration, Mental Health, Public Law, Social welfare

New Justice Secretary Appointed 

Following the election the prime minister has demoted Liz Truss and replaced her with David Lidington. He was most recently Leader of the House of Commons, and before that Europe Minister, and is now the fourth Justice Secretary in the last three years. 

There has been no announcement yet of any reshuffle of junior MoJ ministers.

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New Law Society practice note on uneconomic criminal work

The Law Society has issued a new practice note setting out the requirements of the legal aid contracts and of professional conduct in deciding whether to accept instructions in criminal legal aid cases.

It reminds practitioners that, in the main, only duty solicitors acting as such are required to take on work – and then only of the types prescribed in the contract.

It also sets out the relevant professional conduct obligations. These apply both at the level of individual cases – such as the duty to advise of the availability of legal aid before accepting private instructions – but also at the level of practice management. There is a particular obligation on COLPs and COFAs to ensure their practices are managed responsibly, which includes financial prudence.

There is nothing new in the practice note but it comes at a time when changes to Crown Court fees and to court appointed work are under consideration (though no decisions will be made until after the general election). It reminds practitioners that they are not required to take on all cases and that there may be circumstances where there is a professional duty not to do so. The bar took a similar approach some years ago when it deemed criminal fees not to be a proper fee, thus exempting these cases from the cab rank rule.

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