Prominent firm Duncan Lewis has dropped legal action against the government over legal aid fees for immigration and asylum work, after being reassured that the lord chancellor will make a decision on rates by the end of November and issue a consultation.
The lord chancellor’s commitment in this particular legal challenge suggests final policy decisions arising from a major civil legal aid review commenced by the previous government could emerge around the same time.
Duncan Lewis filed a claim in the High Court in June challenging the failure of the previous government to raise legal aid rates for ‘controlled work’ or take any other action to address problems in provision in a timely and effective way.
The firm said a 48% real-terms cut in rates since 1996 – when fees were last increased – had left thousands of vulnerable people eligible for legal aid struggling to find a lawyer to represent them in asylum or other matters of ‘life and death’ importance. The firm also highlighted the extent to which the work is loss-making for legal aid providers.
This week the High Court approved a consent order stating that Duncan Lewis withdrew its claim upon the lord chancellor confirming that she will make a decision on whether or not to increase the fees and rates payable for controlled immigration and asylum work.
Duncan Lewis solicitor Jeremy Bloom said: ‘We are delighted that the new lord chancellor has recognised the gravity and urgency of the current crisis in legal aid and has committed to making a decision on raising rates for immigration and asylum controlled work in November. We are hopeful that a decision will be made that will allow legal aid providers to represent eligible individuals in their life-or-death immigration and asylum matters, without sustaining huge financial losses.
‘Our evidence showed that there is no sound basis to conclude that the current system enables suppliers of legal aid to meet the huge demand for their services. The system right now is unsustainable, and the people who lose out are those who simply cannot find a lawyer to put forward their cases.’
However, Bloom warned that if the lord chancellor decides not to raise rates, delays implementation, or fails to make sufficiently far-reaching changes, ‘we will not hesitate to bring further legal action’.
A Ministry of Justice spokesperson said: ‘The new government has inherited a justice system in crisis and we are committed to working with the legal profession to ensure the legal aid sector is on a sustainable footing, both now and in the future. We have conducted a review of the civil legal aid system and are carefully considering options for reform, including for immigration and asylum cases.’
The department added that it is ‘carefully considering’ the evidence gathered for the major civil legal aid review commenced under the previous government, including the matters raised by Duncan Lewis in its court claim.
Duncan Lewis was represented by Toufique Hossain, Jeremy Bloom, Nina Kamp and Elizabeth Cole, and instructed Chris Buttler KC, Eleanor Mitchell and Jack Boswell at Matrix Chambers as counsel.
