It has definitely been Contract Compliance week. I have just come off the phone with a firm subject to the new civil version of this long discredited process, now re-badged as "Fixed Fee Contract Compliance Audit". Just as with the Crime version referred to below, this too involves pretty much the same as previous, this time "proof of means" providing the headline. I don't want to go into the detail of the potential appeal however civil providers should be aware that the LSC are rigidly, and wrongly in my view, applying the new post October '07 Rule 2.5. This removes the long-standing under 2-hour protection on which firms have traditionally relied when clients fail to provide proof. So be warned.

With regard to the bigger picture here is what the Constitutional Affairs Select Committee (at p. 87) had to say about CCA in July 2004

“Those who receive public money for providing a public service need to maintain proper professional standards. However, the current system of auditing solicitors costs is arbitrary, inaccurate and bureaucratic. Furthermore, it is not linked to quality of advice given. It is clearly punishing competent and honest solicitors and is operated in a way which completely fails to attract the support of the profession. This is the most serious criticism of the current system for managing legal aid work that we have found. A solution is urgently needed.” (emphasis added)

By way of an answer the Government, in its November response, indicated that CCAs would be “eliminated” for the “majority of civil suppliers” via the introduction of the Tailored Fixed Fee scheme and Peer Review.

Does anyone know if this constitutes "misleading Parliament"?