On behalf of the Criminal Law Solicitors Association, I congratulate the Law Society on its victory in the Court of Appeal on 29 November. The language of the judgment made clear the court's concerns with the bullying methods employed by the Legal Services Commission (LSC). The fact that the LSC press release chose not to acknowledge the court's view is disappointing to say the least. We agree with Des Hudson that the judgment must cast doubt on the legality of the new General Criminal Contract (GCC) and very high-cost cases contracts because both contain large elements of uncertainty.


In our view, this judgment and recent actions by the LSC provide yet more evidence that the LSC is not fit for purpose and cannot be trusted with the multi-billion-pound reform of legal aid services.



This is illustrated by the actions of the LSC since the original judgment, when it announced that it would terminate the present GCC and invite expressions of interest for a new GCC in January. However, within weeks this decision was reversed and a deadline for signature to a new contract of 31 October was given.



This process had striking similarities with the pressure upon civil practitioners to sign the Unified Contract earlier this year, which was the subject of the appeal. On 31 October, the LSC was forced to suspend its contract with Bostalls, a main provider for CDS Direct, because it had not obtained the necessary waiver from the Solicitors Regulation Authority. The grant of a waiver was strongly opposed by the Law Society and there was no guarantee that it would be given. In the event, it was granted some ten days later. Had it not been, the LSC would have had grave difficulties in implementing CDS Direct as planned.



No sooner was this crisis over than the LSC was plunged into further embarrassment, which led to the suspension of LSC Online for an indefinite period from 19 November, despite winning an award for technology earlier in the same month. This caused many hours of unpaid work and worry for practitioners trying to submit their claims. The ramifications of this in the form of adjustments to standard monthly payments are still continuing, notwithstanding the LSC's late reassurance that all firms will receive their payment in December.



We think that the Minister of Justice should urgently investigate the widespread failings within the LSC and meanwhile call a halt to future legal aid changes, which are based on the same flawed decision-making as resulted in the adverse decision in the Court of Appeal.



Joy Merriam, chairwoman, Criminal Law Solicitors Association