Law Society granted permission to take government to court over criminal legal aid fees decision

The Law Society has been granted permission to take the government to court over its decision not to raise criminal legal aid fees by the minimum 15% recommended by the Bellamy review. Chancery Lane argued that the government’s decision was irrational, lacked reasons, and breached the constitutional right of access to justice. Permission was granted by the High Court today on all three grounds.

Society president Lubna Shuja expressed the Society’s willingness to work with the lord chancellor to find a way forward that would make the crucial work financially viable for criminal defence solicitors. The Bellamy review had recommended an immediate 15% uplift in fees for solicitors and barristers, but the government’s final response fell short, offering only an 11% increase.

Shuja highlighted the need for an extra £30m to bridge the gap between the government’s offer and the Bellamy review recommendation. The loss of over 2,000 duty solicitors by 2027 could leave people without access to a lawyer and make the police’s work more difficult, according to the Society’s analysis.

The Ministry of Justice declined to comment on the ongoing litigation but has previously stated that its reforms aim to put the legal aid sector on a sustainable footing and increase investment in the solicitor profession by £85m a year. This includes an initial fee increase of more than 15% for work in police stations and magistrates’ courts.

The outcome of this legal battle could have significant implications for the criminal justice system and the access to justice for individuals in need of legal representation. Stay tuned for updates on this developing story.