The Legal Services Commission (LSC) has found itself on the receiving end of another potential judicial review over its implementation of the Carter reforms - this time in relation to proposals for very high-cost cases (VHCCs).


The Law Society has sent a letter before action seeking a withdrawal of plans to establish a best value panel of VHCC providers until further consultation and a race equality impact assessment has been carried out.



Bindman & Partners, which is advising Chancery Lane on the action, said the LSC's decision to proceed was unlawful due to a failure to consult adequately, a failure to have any or adequate regard to the effect on market stability, an insufficient factual basis on which to make decisions, and a failure to comply with race equality duties.



Ruth Wayte, the LSC's legal director, said it would respond in due course.



The LSC consulted in February on proposals for defence teams to tender for VHCC work, based on rates set by the commission. Only firms which had met the required level in a peer review would be allowed to tender. The LSC's decision would be based on the firm's capacity and ability to increase its workload, experience and price bid.



The application process has been put back by a week, and will begin on 5 June and run to 27 July.



Catherine Baksi