The Black Solicitors Network (BSN) and the Society of Asian Lawyers (SAL) have withdrawn their joint judicial review action over the government's legal aid reforms.


The BSN and SAL launched the action against the Legal Services Commission (LSC) and the Ministry of Justice (MoJ), arguing they had failed to carry out a sufficiently-robust race impact assessment under the Race Relations Act 1976.



The case was heard at the High Court last Wednesday and, following an adjournment, both sides agreed a consent order. The BSN and the SAL were ordered to pay 70% of the other side's costs, which the LSC and the MoJ will not enforce.



The BSN and SAL argued that the reforms would hit small black and minority ethnic-led (BME) firms hardest and could jeopardise access to justice for BME clients. The action was backed by the Law Society and the Commission for Racial Equality (CRE).



An LSC spokesman welcomed the decision to drop the action but denied it had conceded any significant ground: 'Mr Justice Burton made clear in awarding costs... the claimants had failed... and that the government's position was not materially different following the hearing.'



However, the commission was, he said, looking forward to 'working constructively with the BSN and SAL in the future'.



BSN chairman Stephen Friday said the government had only indicated their willingness to meet the groups' concerns after review proceedings were launched. He said the consent order had 'given us sufficient confidence that future impact assessments will be robust'.



Mr Friday said the LSC had agreed to three key points: a consultation on best-value tendering, a commitment to have regard to the CRE code of practice and, carrying out a retrospective impact assessment on reforms already in place - including magistrates' courts fees, high-cost cases and police station work.



Law Society President Andrew Holroyd echoed Mr Friday's comments and said: 'We have come away from the litigation with a significant advance... it was not clear from the minister's earlier statements that this would have taken place without this action.'



Anita Rice