Legal Aid Agency hit with pre-action letter over 'embarrassment clause'

The Public Law Project has sent a pre-action letter to the Legal Aid Agency, setting out concerns about a new 'embarrassment clause' in one of its contracts.

The PLP said the agency had introduced the clause in its latest standard crime contract tender and it may be incorporated into civil contracts. Breach can lead to sanctions or contract termination, as is considered 'proportionate', the PLP claimed.

The controversial clause states:

2.2 You shall ensure that neither you nor any of your Affiliates embarrasses us or otherwise brings us into disrepute by engaging in any act or omission which is reasonably likely to diminish the trust that the public places in us, regardless of whether or not such act or omission is related to your obligations under this Contract. Any operation of this Clause is subject to our obligation to act as a responsible public body and any sanction must be proportionate. [emphasis added]

The PLP is acting on behalf of the London Criminal Courts Solicitors’ Association and Tuckers Solicitors LLP.