Law Society files judicial review application over defendants’ costs cap

The Law Society has filed a judicial review application in a move to overturn new government regulations restricting the costs that can be recovered by acquitted defendants.

Regulations that came into force on 31 October 2009 cap at legal aid rates the costs recoverable by acquitted defendants who have paid privately for their defence.

The Law Society said the ‘unlawful and grossly unfair’ new scheme would leave people with ‘crippling costs’ despite winning their cases. It has instructed London firm Kingsley Napley to act.

Chancery Lane warned that the new regulations will deter innocent people from seeking advice to clear their name, and could lead to many miscarriages of justice.

Meanwhile, an estimated quarter of defendants appearing before Crown courts will have to make a contribution towards their legal fees, following the introduction this week of means testing for legal aid eligibility.

Crown court means testing is being introduced in phases around the country. It was rolled out on Monday at five early adopter courts in Blackfriars (London), Bradford, Norwich, Preston and Swansea. The government estimates the scheme will save £50m a year.

In a separate development, legal aid minister Lord Bach has outlined a change in practice in relation to the granting of Crown court representation orders. He said the granting of these orders to defendants who are ineligible for legal aid in the magistrates’ court will no longer be made at mode of trial proceedings, but will instead be delayed until committal hearings.

This will take effect in the magistrates’ courts that send cases to the five early adopter courts from 11 January 2010, and will apply to all other courts in England and Wales from 1 April 2010.

‘In order to ensure that providers are able to continue to offer representation to defendants before their committal, a change will be made to the funding order to allow for the payment of a fee in connection with work done following the mode of trial hearing, in preparation for the committal hearing,’ Bach said.