As a niche specialist legal aid practitioner I have noticed that any enhancement on civil claims made to the north-east regional office rarely exceeds 30% on selected items, whereas the Supreme Court Costs Office tends to be more generous. Almost every case taken to a review by an independent adjudicator has resulted in confirmation of the original decision. I questioned the materials passed to the adjudicator and the responses reveal a serious unfairness on the part of the Legal Services Commission (LSC).


The LSC's practice is to keep the solicitors' files in its Newcastle offices during the review process, leaving it to the adjudicator to request the files. Even then, it appears that the adjudicator is required to travel to the Newcastle offices to see the files. In practice, it appears that files are rarely studied by adjudicators. As a consequence their reasoning, when disclosed, is of no substance.



The LSC Appeals Manual published on its website in October 2006 deals with the approach to assessments on pages 60 to 71. It acknowledges the importance of looking at the evidence on the file but does not contain any requirement for the adjudicator to see the file. Files have not been passed to the adjudicator even when I have requested it.



Costs appeals decisions are not being fairly undertaken. The north-east regional office has refused to change its procedure and has referred me to legal aid head office, but I consider that the diminishing band of legal aid suppliers ought to be made aware of the shortcomings of the public funding assessment system.



John Ford, John Ford Solicitors, London