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07 October 2010
Issue: 7436 / Categories: Legal News , Family
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Family legal aid warning

High Court victory tempered by questions over future progress

The family legal aid tendering round was “unfair, unlawful and irrational”, the High Court has ruled.

The judgment, delivered last week by Mr Justice Moses, quashes the outcome of the recent tender round, under which firms bid against each other for a share of available legal aid work. The result, due to be implemented next week, would have seen the number of firms contracted to supply family legal aid cut from 2,400 to 1,300.

Family law firms that had a contract with the LSC prior to the tendering round will now continue for an as yet unspecified time.

The Law Society brought the judicial review, R (Law Society) v Legal Services Commission, after lawyers warned the cuts would lead to a legal advice shortfall among many members of the public.

A jubilant Linda Lee, president of the Law Society, said the court win was a victory for “thousands of families”. The tendering round “would have translated into thousands of people facing grave difficulty in obtaining justice—ordinary people who are already facing extraordinary difficulties,” she said.

However,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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