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Legal Aid JR Challenge: Law Society Wins Disclosure Application Against Government

Law Society wins bid for specific disclosure and amendments ahead of court battle over legal aid changes

The Law Society has scored a significant victory in its battle against the Ministry of Justice, as Mr Justice Fordham has granted its bid for specific disclosure and amendments ahead of the upcoming court battle over the alleged failure to implement recommended changes to legal aid.

The judicial review challenge, scheduled for next month, will now see the government required to provide specific disclosure relating to provider activity reports and scheme performance reports. This move comes after the High Court granted the Law Society permission to bring the challenge earlier this year, following the government’s failure to increase criminal defence solicitors’ legal aid rates by 15%, as recommended by Lord Bellamy’s independent review on criminal legal aid.

Tom de la Mare KC, representing the Law Society, emphasized the importance of the disclosure, referring to it as the “crown jewels” of the case. He argued that without access to this crucial information, the true extent of the government’s actions – or lack thereof – cannot be fully understood.

On the other side, Sir James Eadie KC, representing the lord chancellor, raised concerns about the sensitivity of some of the requested disclosure, citing commercial interests. However, he acknowledged the need to address the issue of confidentiality in order to move forward with the case.

The judge’s decision to grant the Law Society’s application for disclosure and amendments signals a step forward in the pursuit of justice and accountability in the legal aid system. With the hearing set to take place next month, all eyes will be on the courtroom as this important battle unfolds.

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