The Law Society is disappointed that the High Court has ruled that the government's decision to abolish lawyers' fees for committal proceedings was lawful.
The High Court judgment was handed down on Friday 30 March 2012, following our judicial review challenge of the lord chancellor's decision to abolish the fee paid to solicitors for the work they undertake in the magistrates' court to represent defendants charged with offences serious enough to be committed for trial.
A Law Society spokesman said:
'We are disappointed with the judgment, but there was no question of us not mounting the challenge. If we hadn't have done so, the Law Society would have been accepting the lord chancellor's decision to abolish the 318 flat fee paid to defence solicitors for all work they undertake in the magistrates' court for legally-aided clients who are charged with offences serious enough to be committed for trial to the Crown Court. We believe that this has an impact on the very basic principle of access to justice.
'The Society is disappointed the court accepted the lord chancellor's argument that the fees formerly covering Crown Court work now covers both magistrates' court and Crown Court work, despite there being no increase in the latter. We are giving consideration to appealing this decision if permission is granted. For now, practitioners will have to consider the implications for their firms, and take such steps as are economically necessary in the light of the decision, consistent with their professional obligations.'
Read the full judgment
Professional obligations
At the time the fee cut came into effect the Society issued an analysis of professional obligations.
Read the analysis