Two law firms have lost High Court actions against the Legal Services Commission after IT errors at the firms caused them to send blank documents when submitting tenders for legal aid work.

The firms had claimed that the LSC should have informed them that some of the documents were blank, and given them the chance to resubmit the forms.

Bristol firm Hoole & Co had submitted a tender for immigration and asylum work, while Kent firm All About Rights Law Practice (AAR) had tendered for a mental health contract, both through the LSC’s electronic portal.

While there had been software problems with the portal, in these two cases the court concluded that the IT failure had occurred at the firms’ end, and was not due to any technical failure by the LSC or its IT contractor Bravo Solutions.

In both cases, the court held that the LSC’s duty to treat all bidders equally meant that it was fair for the LSC not to allow these two firms to amend their bids.

The judge said he felt ‘real sympathy’ knowing that ARR’s practice may ‘cease to be viable’ after failing to obtain legal aid work.