LAPG WELCOMES JUDICIAL REVIEW RESULT
 
The Legal Aid Practitioners Group today welcomed the judgement of Mr Justice Beatson in the Law Society’s claim for judicial review of the Legal Services Commission’s Unified Contract. The case primarily challenged the LSC’s extensive right to amend the contract as being inconsistent with European procurement legislation. The Court agreed that the LSC had not complied with its legal obligations.
 
In the judgement, Beatson J observed that the LSC may have to undertake a new contracting procedure if "the LSC seeks to make amendments which alter the economic balance of the contract to the disadvantage of those who have entered into the Unified Contract, or to the disadvantage of some of them," rather than being entitled to rely on the amendment provisions. Furthermore, the right to amend peer review processes and key performance indicators was held to be incompatible with the obligation to set out technical requirements in the contract documentation.
 
LAPG Director Richard Miller said, "At long last, we have seen the Legal Services Commission held to account after trampling on the rights of the profession. We hope they will take from this the message that they are not above the law. Maybe we can now start to re-establish reasonable dialogue with a body that understands there are limits to its powers. We would prefer to find a consensual way forward, rather than ending up back before the Courts once again, but that depends on the LSC taking a more reasoned approach in future."
 
He continued, "Unfortunately, the initial signs are not good. The LSC’s own response to this judgement demonstrates no humility, no acknowledgement of their failure to comply with the law and a denial that the judgement has any implications for the introduction of fixed fees, which clearly 'alter the economic balance of the contract to the disadvantage of [some of] those who have entered into the Unified Contract'. We remain willing to talk to the LSC, but only if they are going to pay due regard to their legal obligations."

The LSC's take on things is here .

Were they watching the same match?