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Fight over criminal tenders set to continue
Organisations representing criminal legal aid solicitors have pledged to continue the legal battle over the introduction of tenders, after losing their judicial reviews against the government’s plans.
Applications for the tenders were suspended pending the results of the two judicial reviews. The Criminal Law Solicitors Association (CLSA) and London Criminal Courts Solicitors Association (LCCSA) had been joined in the proceedings by the Law Society, which had brought a separate JR. All three immediately announced that they will appeal. They were given a stay by the court until Friday 27 February to apply for leave to the Court of Appeal.
At the time of going to press, it was unclear if the Ministry of Justice (MoJ) will seek to re-open the tender round. Firms had been expected to submit tenders by 29 January, but the process was suspended pending the result of the judicial reviews. The MoJ might decide to re-open the tender round after 27 February, but the representative organisations are likely to seek to block this pending the appeal court considering the case.
In a joint statement, CLSA chair Bill Waddington (pictured)and LCCSA president Jonathan Black, described the result of the judicial reviews as ‘terrible news for society and for our profession’. They fear that that if the tenders go ahead, this will have a ‘devastating’ impact on many firms, as the government wants to reduce the number of duty criminal contracts to 527. This would mean that nearly two-thirds of the 1,600 existing firms would lose duty contracts.
Speaking to Legal Action, Waddington said that he was heartened by the advice they had received from their legal team which outlined ‘solid grounds of appeal’, but he is concerned that if they do not get a further stay pending the Court of Appeal hearing the MoJ and Legal Aid Agency might seek to reopen the tender round. Waddington says: ‘We would all have to go through the process, incurring expense, only possibly for someone after the general election to turn round and say this will not happen.’
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Rights of Women protest outside High Court over legal aid changes