Legal Services Policy
November 2009 Conservatives outline plans for legal aid
In November 2009, Legal Action Group reported on shadow justice minister, Henry Bellingham MP plans for legal aid if the Conservatives were to win the general election in May or June next year. One is suggestions is to adopt the ‘La Carpa’ - the French system of having one bank account held by the government, into which all the money French lawyers hold for clients is paid.
Further information: LAG - Promise of cash for legal aid Nov 09.doc
Link to: Legal Action Group
More about: Henry Bellingham
Also see ‘Future of Legal Services - Conservative Party View ‘ below (March 2009)
November 2009 Personalisation Commission
In 2009. Association of Chief Executives of Voluntary Organisations (ACEVO) launched a Commission looking at the personalisation of public services. The Personalisation Commission will look at the various reforms underway to personalise services (e.g. individual budgets), what the third sector’s contribution could be, what the implications are for the sector, and what can be done to support the sector to seize the opportunities and address the challenges associated with personalisation.
An interim report was published in November 2009: ‘Making it Personal’ Interim Report.pdf
Terms of Reference: Personalisation Commission - Terms of Reference.doc
Link to: Personalisation Commission
October 2009 Ministry of Justice review into the delivery of legal aid
The Ministry of Justice announced a review into the delivery of legal aid on 13th October and has invited Sir Ian Magee to assess the delivery and governance arrangements of the legal aid system and make recommendations to:
Press Notice: Ministry of Justice Press Notice.doc
Submission from the Young Legal Aid Lawyers: Young Legal Aid Lawyers Submission.pdf
Sir Ian MaGee published his report in March 2010.
Review of legal aid delivery and governance Sir Ian Magee 03.10.pdf
Press Release: Press Release
October 2009 All Party Parliamentary Group on Legal Aid
The All Party Parliamentary Group on Legal Aid set up in June 2009 aims to: ‘to promote parliamentary and public understanding of the importance of the role of publicly funded legal services as a pillar of the welfare state and in reducing inequalities in society to scrutinise and influence any proposals for the reform of legal aid provision to ensure that access to justice for all members of society is preserved and improved.’
Members of APPG
Karen Buck (Chair), Diane Abbott, Rosie Cooper, Andrew Dismore, David Drew, Sally Keeble, Julie Morgan, David Taylor, Lyn Brown, Baroness Uddin (Labour).
Henry Bellingham (Vice Chair), Peter Bottomley, David Burrowes, Oliver Heald, Mark Field, Gary Streeter, David (TC) Davies, Geoffrey Cox QC (Conservative).
Paul Holmes (Vice Chair), David Howarth, Steve Webb, Lord Philips (Andrew Philips) (Liberal Democrat).
The first meeting will place on 3rd November 2009 at the House of Commons.
Launch of All Party Parliamentary Group on Legal Aid: Launch of All Party Parliamentary Group on Legal Aid.doc
Link to Legal Aid Practitioners Group and Young Legal Aid Lawyers
Link to: All Party Parliamentary Group on Legal Aid
September 2009 Legal Aid: Refocusing on Priority Cases
The Ministry of Justice published ‘Legal Aid: Refocusing on Priority Cases’ on 16th July 2009.
The paper set out proposals for reforming the legal aid rules. They included strengthening public interest considerations in deciding whether to grant civil legal aid; ceasing to provide funding for low priority civil and criminal matters, where issues can be resolved instead through complaints procedures or ombudsman schemes; restricting access to civil legal aid for those not resident in the UK; and notifying the other side when civil legal aid is applied for to discourage fraudulent applications.
Consultation Paper: Legal aid Refocusing on priority cases.pdf
Some Reponses
Advice Services Alliance: ASA 13.10 .09.pdf
Public Law Project: Public Law Project 01.10 09.pdf
Immigration Law Practitioners Association: ILPA 08.10.09.pdf
Matrix Chambers: Matrix Chambers 10.09.pdf
Young Legal Aid Lawyers: Young Legal Aid Lawyers.pdf
September 2009 Legal Regulation Review (Lord Hunt of Wirral)
The Law Society has commissioned a review that will advise on the future regulation of law firms. This review will produce a series of recommendations aimed at ensuring that legal services regulation is effective for consumers, businesses and the legal sector. Lord Hunt of Wirral, who has broad experience of the legal profession and of regulation in other sectors is conducting the review.
Call for Evidence Paper (2008): Lord Hunt Call for Evidence 2008.pdf
Law Society Brief: Terms of Reference.pdf
Legal Regulation Review website: Legal Regulation Review
Link to Law Society Regulatory Practice Review: Law Society
Evidence
Law Society: Regulation Review Law Society 09.04.09.pdf
Law Society Press Release (23.04.09): Law Society Press Release April 09.doc
Nick Smedley (Ministry of Justice): Review of the Regulation of Corporate Legal Work 03.09.pdf
The review is expected to take nine months and will involve a number of key stages including initial work and meetings with key stakeholders, the publishing of a consultation paper and the start of a major consultation programme followed by consideration of recommendations and the publication of a final report.
The aim is to influence the new system of regulation being ushered in by the Legal Services Act 2007.
The Law Society welcomed an interim report by Lord Hunt published on 1st May 2009. A copy of the report is here: Initial Response to Evidence May 2009.pdf
Lord Hunt’s Final Report: Legal Regulation Report October 2009.pdf
Responses
Law Society: Law Society Press Release 05.10.09.doc
Solicitors Reglation Authority: SRA Response 05.10.09.doc
Legal Services Board: LSB Response 05.10.09.pdf
September 2009 LSC 2010 Civil Contract
The Legal Services Commission announced at the end of July that the tender process for the new civil legal aid contracts would be postponed for six months with the new three year civil contracts now beginning in October 2010.
The LSC had published their original plans for contracting with civil legal aid providers on 30th June 2009.
Notice of the new bidding round: LSC Notice 30.06.09.doc
LCF Briefing: LSC Civil Contract LCF briefing 01.07.09.doc
LSC Contracting Plans: Civil Bid Round for 2010 Contracts 30.06.09.pdf
Consortia- new proposals: LSC Consortium Arrangements 7th July 09.pdf
Minimum Criteria: Summary of Minimum Requirements Annex A.pdf
Procurement Areas: Maps of Procurement Areas 02.07.09 Annex B.pdf
LSC are giving providers two months to prepare for the bid process which will be via e-tender, which means that the applications will only be accepted through the LSC online portal.
Timeline (announced by LSC on 21st October)
Following the LSC’s postponement announced back in July 2009, LSC has extended the current Civil Contract for six months. Current contracts will now come to an end on 30th September 2010 and the new civil legal aid contract will come into effect on 1st October 2010.
The bid round for immigration opened on 30th November. Civil work is scheduled to start on 8th February. The rounds will be open for seven weeks
Link to LSC information: LSC 2010 Contracting Papers
Media Coverage
Law Society Gazette: Law Society Gazette 01.07.09.doc
Legal Action Group: Legal Action Group 01.07 .09.doc
August 2009 Legal Aid: Funding Reforms
This consultation paper published by the Ministry of Justice on 20th August sets out proposals to rebalance legal aid spending. The Ministry aims to generate savings to help sustain the legal aid budget over the next spending review period, ensure that criminal legal aid is spent effectively, and protect the civil fund as far as possible from any rise in criminal spend in the short to medium term.
The Ministry of Justice seeks to prioritise access to social welfare law advice during the economic downturn. The Ministry needs to make £1 billion of efficiency savings in the period to March 2011. To contribute to these savings, it has asked the Legal Services Commission to find an additional 5% savings from their administrative budget in this financial year, and 10% in the next.
This consultation closed on 12th November 2009.
The Consultation: Legal aid - Funding Reforms.pdf
July 2009 Improving Access to Justice through Collective Actions
The final report by the Civil Justice Council to the Lord Chancellor, “Improving Access to Justice through Collective Actions: Developing a More Efficient and Effective Procedure” was submitted in November 2008. The paper followed two and a half years of extensive consultation and research and made several recommendations for bringing collective claims for compensation including:
The Report: Improving Access to Justice through Collective Actions.pdf
On 20th July, the government responded saying that it welcomed the report and its analysis. It concluded however that collective actions would be best taken forward on a sector by sector basis and that the creation of a generic right of action would not be appropriate. The Government will now develop a framework document setting out the issues to be addressed when introducing a right of collective action, with options and, where appropriate, a preferred approach. This will act as a ‘toolkit’ for policy makers and legislators.
The government adds that it will be for the relevant Government Departments to decide whether to consider introducing collective actions in any given sector and the timetable for doing so. Work on the framework document and generic rules will begin in the second half of 2009, and be led by the cross-Government official working group.
Government Response: Government Response 20th July 2009.pdf
Research by Prof. Rachael Mulheron, ‘Reform of Collective Redress: A Perspective of Need’ (2008) : Collective Redress Prof.Mulheron_.pdf
Report by Prof. John Peysner and Angus Nurse, ‘Representative Actions and Restorative Justice’ (2008) : Representative Actions Prof.John Peysner Dec 08.pdf
Link: Civil Justice Council
July 2009 Pro Bono Costs Orders
Since October 2008, Courts in England & Wales have had the power to order a losing party to make a payment to The Access to Justice Foundation, under section 194 of the Legal Services Act 2007 – a “pro bono costs order”. The first pro bono case to produce the first substantial Section 194 order was in July 2009. Lawyers acting for free on behalf of housing charity Shelter saved a vulnerable family from eviction and obtained the first substantial Section 194 “pro bono costs order” for £20,000 in the process, which will be recycled to help others get free legal help in the future.
Press Release: Order for Costs Section 194 07.09.pdf
Leaflet on Section 194 Orders: Leaflet on Section 194 2008.pdf
Link: Access to Justice Foundation
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