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Legal Services Commission rules out appeal over High Court legal aid ruling

The Legal Services Commission has decided “after careful consideration” not to appeal the recent High Court ruling that its tender of family legal aid contracts was unlawful.

In a statement the LSC said its priority was to focus on the delivery of future public services.

“Any appeal would only prolong the uncertainty over the future of family legal aid contracts, causing difficulties for clients and providers alike,” it admitted.

The LSC said it was working closely with representative bodies and the Ministry of Justice on how to manage family legal aid contracts as well as combined family and housing contracts.

It identified the following as key decisions that needed to be made:

  • the future extension for the unified contract for family and family & housing matters, which currently runs until midnight on 14 December 2010
  • harmonisation of family fees, and
  • allocation of new matter starts.

The LSC described the discussions with representative bodies as “constructive”, adding that it hoped to provide greater clarity on these matters shortly.

It also said that, as previously announced, it would proceed to let other 2010 civil contracts on 15 November 2010.

LSC Chair Sir Bill Callaghan said: “Our priority must always be to ensure family legal aid clients get the help and legal advice they need. We still have some work to do but we hope that this constructive engagement with the profession will help to provide certainty for clients and providers.”