The High Court was due to hear a judicial review this week brought by the Law Society against the Lord Chancellor’s decision not to increase criminal defence solicitors’ legal aid rates by 15%
The 15% figure is the minimum immediate rise recommended by Lord Bellamy’s independent review of criminal legal aid in 2021.
The legal challenge rests on four grounds: it was irrational not to implement the key recommendation; the decision lacked evidence-based reasons; the decision was in breach of the constitutional right of access to justice; and the Lord Chancellor made insufficient enquiries as to the state of the criminal legal aid sector.
Law Society president Nick Emmerson said defence solicitors are deserting the profession because the work is not financially viable, with 1,400 duty solicitors leaving since 2017.
