Policy
31 January, 2008
Law Society to issue second judicial review of Unified Contract
Guidance sought on how LSC must remedy breaches
The Law Society announced yesterday that they will be issuing a further judicial review of the Unified Contract, in order to oblige the Legal Services Commission (LSC) to comply with the Court of Appeal judgement of 29 November 2007.
They believe that the LSC has failed to comply with the Court of Appeal decision that they had breached European Law by making amendments to the Unified Contract unilaterally. This related to clause 13.1. of the Unified Contract, the LSC then sought to rely on clause 13.2 to justify the October amendments.
The Law Society are seeking the following from the court:
- a declaration that the amendments purportedly made by the LSC were ineffective and a breach of European law
- a declaration that the LSC's failure to nullify the consequences of its breach of European law is itself a breach of European law
- guidance on how the LSC must remedy those breaches.
For more information see the Law Society press release Unified Contract: Society to issue second judicial review.
See also the related rightsnet policy new stories -
- Latest development in the Law Society challenge of the Unified Contract : Pre-action protocol letter issued to the LSC (28 January, 2008)
- Law Society issues response to LSC's intention to terminate Unified Contract: Civil fixed fee schemes not valid (7 January, 2008)
- LSC update on Unified Contract after Court of Appeal judgement: Intention to terminate Unified Contract and re-tender for the work (3 January, 2008)
- 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)
