News

The Law Society is about to issue further judicial review proceedings to oblige the Legal Services Commission (LSC) to comply with the declaration of the Court of Appeal.

Why further litigation?

The LSC has failed to comply with the Court of Appeal decision that the LSC had breached European law by amending the unified contract unilaterally. Although the LSC has now accepted that our position on clause 13.1 of the Unified Contract was correct, it sought to continue to rely on clause 13.2 to justify the October amendments to the contract. While the LSC continues to insist that the judgment has no effect on the amendments it has purported to make, and refuses to take the action required of it by EU law, there is a fundamental disagreement which, in the interests of achieving clarity, may have to be resolved in court.

We will be urgently 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

Three law firms are also bringing test cases against the LSC, supported by the Law Society. Fisher Meredith LLP, Kaim Todner LLP and Farrell Matthews & Weir are all claiming financial loss due to the LSC's contract amendments.

Read the Law Society's letter to the LSC – 24 January 2008 (PDF, 450kb)
Read the LSC's response to our pre-action protocol letter – 18 January 2008 (PDF, 153kb)

www.lawsociety.org.uk/defendinglegalaid