Policy
3 January, 2008
LSC update on Unified Contract after Court of Appeal judgement
Intention to terminate Unified Contract and re-tender for the work
Following the Law Society's challenge of the Unified Contract, the LSC is informing legal aid providers of their current discussions with the Law Society on the effect of the recent judgement on the Unified Contract.
The Court of Appeal held that the rights of the LSC to amend the Unified Contract referred to in clause 13.1 (other than the amendments permitted pursuant to clause 13.2) were incompatible with the Public Procurement Regulations 2006 and EU law principle of transparency.
The LSC has been engaging with the Law Society to discuss a mutually agreeable way forward. However, at the moment they have failed to reach an agreed position as to the effect the declaration may have on clause 13 and amendments made to the contract after April 2007.
The LSC have now had to write to the Law Society's lawyers setting out their intention to terminate the Unified Contract and re-tender for the work.
The procurement process leading to the award of these new contracts will be open to both new providers and existing contract holders, and will include processes for bidding for New Matter Starts which are already a feature of the controlled budget for Legal Help. This is likely to lead to competition for contracts and work.
The LSC will continue to engage with the Law Society as their view remains that the issues raised are best resolved through discussion rather than through further litigation. They will let all providers know as soon as they are able to confirm their position.
NB: The civil fixed fee schemes introduced on 1 October 2007 and for mental health cases from 1 January 2008 continue to apply.
For more information see the LSC press release Update on the Unified Contract.
See also the related rightsnet policy new stories -
- Unified Contract judgement - implications for providers: LSC must rescind October 2007 amendments (5 December, 2007)
- Judgement on the Law Society's challenge of the LSC's unified contract announced: Law Society wins appeal over LSC's right to unilaterally amend the contract (29 November, 2007)
- Law Society and LSC secure expedited Court of Appeal hearing : Following judgement in July on unified contract (12 October, 2007)
- LSC criminal contract changes delayed until January 2008: But civil fixed fees go ahead as planned (3 October, 2007)
- LSC announces appeal against the unified contract judicial review judgement: Decision to be challenged on their ability to amend 'technical specifications' (7 September, 2007)
- LSC 'confirm' their position on the unified contract: No plans to amend provisions in the short term (2 August, 2007)
- High Court upholds Law Society's objections to the unified contract: 'Judgement underlines the shortcomings of the LSC approach' to legal aid reform (30 July, 2007)
- LSC publishes draft Unified Contract Specification : Reforms to be implemented from October 2007 (18 July, 2007)
- Government faces double challenge over legal aid reforms: Law Society, CRE and ethnic minority law firms go to the high court (9 July, 2007)
- Law Society issues judicial review proceedings: LSC's right to unilaterally amend the unified contract to be challenged (27 April, 2007)
- Law Society threaten judicial review on unified contract: Legal Services Commission urged to delay contract implementation (27 March, 2007)
