The same Gazette article mentioned below also considers the additional chaos likely to follow from the Bar declining to sign VHCC contracts, as they must do by next week.
Now we have only limited contact with Chambers. We have only really done any work with one set down the years - No 6 in Leeds. They occasionally have the pleasure of being thoroughly depressed by my take on the future for Legal Aid and the Bar. We also have more regular and very useful information exchanges with their Practice Director, Tim Collins. (Long term friend of JRS and well know legal typing error Steven Switlaski also resides there nowadays).
They are, in my view, pretty clued up and were certainly the best prepared set we came across when going through the tortuous VHCC BVT process last year. Their members were consequently highly successful as a result.
It is therefore of some import that their successful applicants are, individually, about to decline to contract with the LSC. If you click on the blue "continue reading" link below you can read Tim's thoughtful explanation of their reasoning:
Nearly all our criminal team were included in successful tender applications for local panel firms. However, individually and for a variety of reasons they came to different initial decisions on whether to sign contracts with the LSC for VHCCs.
Having considered the implications of the contracts, the bid rate, the reduced refresher rates and the LSC's drive to dismantle legal aid our silks and a number of juniors immediately decided not to sign the contracts.
Other counsel initially reached different conclusions, some were more confident that in reality there are only a small number of cases and with their overall mix of work the new contracts would have little effect, others recognise that the volume of crown court work is declining and commercially if they want to continue with criminal work they believed they had no option but to be available to accept appropriate VHCC work albeit at reduced rates. However, having had more time to discuss the possible implications of some of the details in the contract they now believe it to be an unreasonable contract and it would not be in their interests to contract with the LSC.
Our counsel remain committed to supporting their instructing solicitors but are united in their concerns about the LSC's inability to listen or meaningfully engage with the professions and their apparent determination to undermine our justice system while spinning their mantra of access, quality and value.
The issues involved in these decisions are both varied and complex and I am more than happy to try and explain some of the reasoning and arguments for the positions our counsel have adopted. Please do not hesitate to contact me or speak to counsel if you would like any issues clarifying.
Kind regards
Tim Collins
Practice Director
D: 0113 213 5207