The government could face legal action by the Law Society and Bar Council as the professions unite over plans to cut criminal defence advocacy rates by 23%.
The two representative bodies are taking advice on a potential judicial review action based on the lack of clarity in the Ministry of Justice’s August consultation on the cuts, and its failure to conduct any impact assessment in relation to the proposals.
Criminal Bar Association (CBA) chairman Paul Mendelle QC told delegates at the first-ever joint meeting of the Criminal Law Solicitors Association and CBA in Manchester last week: ‘I don’t want to spark or raise false hopes, but we are taking advice on all options including any potential judicial review.’
He ruled out any possibility of concerted action by solicitors and barristers, saying it would be illegal, but made a plea for solidarity. ‘Let’s stick together – we’re all in this together,’ he said. ‘This is not a time to fight among ourselves.’
Law Society chief executive Des Hudson said Chancery Lane stands ‘shoulder to shoulder’ with the Bar Council in challenging the ‘shabby, unfair and dishonourable’ behaviour of the government.
Hudson also warned of a threat to Manchester legal aid firms following the news that Manchester City Council (MCC) has agreed to partner the Legal Services Commission to develop a huge Community Legal Advice Service across the city.
The service will be delivered along the lines of the Community Legal Advice Centre model. Legal aid minister Lord Bach said it would provide a ‘one-stop shop’ for clients.
MCC and the LSC have signed a memorandum of understanding for up to three contracts, available across six districts in Manchester. The tender process will begin in March 2010, with what will be the biggest legal advice service in England and Wales scheduled to open in October 2010.
Manchester is also one of two pilot areas for a best value tendering scheme for police station work. Richard Miller, head of legal aid at the Law Society, said firms in the city would be hit by a ‘double whammy’.
Hudson said the Law Society was seeking a meeting with MCC to discuss the proposal, and called on the government to further delay the proposed start date for BVT in Manchester.
- See Catherine Baksis' blog: Criminal solicitors and barristers unite against the MoJ
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