Firm denies 'abuse' ruling

LEGAL AID: solicitors ordered to repay costs accuse media of making them scapegoats

A north London immigration firm accused by a High Court judge of one of the worst ever abuses of the legal aid system has this week revealed plans to appeal against the decision, and accused the media of making it a scapegoat.

Jonathan & Co hit back after Mr Justice Kay ordered it to pay the Home Office 17,000 for costs relating to 13 'grossly incompetent' judicial review applications in asylum cases.

He was reported to have complained that the cases revealed 'a dreadful state of affairs in which a firm of solicitors franchised by the Legal Services Commission (LSC) has been running up wholly unjustifiable costs'.

The judge also expressed fury that the firm might receive its 'ill-gotten fees' from the LSC, condemning this as 'grotesque'.

However, the firm complained that Mr Justice Kay did not appear to have all the facts.

Sole principal John Ezea admitted there had been some administrative errors, but insisted it had satisfied the devolved powers criteria - which allow it to take action in emergency cases - for paper applications in all 13 matters.

It only applied for oral hearings in four of these - for which it agreed to act on a pro bono basis - after they were turned down, he said.

Eleven of the applicants had, ultimately, been given leave to remain in the country.

'Clearly asylum is a politically sensitive matter, perhaps only next to the issue of Iraq,' Mr Ezea added.

'As such, the firm believes it has improperly been made a scapegoat.

After considering the transcript of the judgment the firm intends to either make a further application to Mr Justice Kay to reconsider his judgement, or to lodge an appeal.'

An LSC spokesman said it had suspended the firm's devolved powers as of last Monday.

'The LSC did not authorise funding for these [judicial review] hearings,' he said.

'Our understanding is that the lawyers were acting pro bono for some or all of the applications.

The wasted costs orders will have to be paid by the firm - the LSC will not foot the bill.'

An Office for the Supervision of Solicitors spokesman said it would be investigating after the judge said the firm should be referred to it.

Paula Rohan