Greg Powell was quite right to point out the madness of the very high-cost cases (VHCC) tender process (see [2007] Gazette, 2 August, 13). This extends to the question and answer section of the Legal Services Commission's (LSC) web site and the LSC's understanding of the concept of competitive tendering.


Question 80 indicates that the questioner proposes bidding at the lowest of the three hourly rates (£145 for a category one case). It asks a sensible question as to whether the firm should put 'yes' in the box for £145 and then either leave the boxes for the higher figures blank or put in 'no'. The rather unexpected answer is worthy of the bartering scene in the 'Life of Brian' and is a measure of the extent to which the LSC's proposals in relation to VHCC 'competitive tendering' have moved away from the Carter recommendations.



Apparently, the answer is to mark all the boxes with 'yes', otherwise, if the LSC's demand can only be met at a higher price, the applicant firm's bid would not be accepted at the lower price.



John Williams, Bankside Law, London