Government faces court challenge after failing to hike legal aid fees
The UK government faces a High Court challenge next week over its failure to increase criminal solicitors’ legal aid fees, despite rising criminal barrister fees last September.
Last year, criminal barristers in England and Wales went on strike to protest low legal aid fees and the underfunding of the country’s justice system. After months of strike action, the Ministry of Justice eventually put forward a deal that included a 15 per cent fee increase.
The Law Society of England and Wales said the government has failed to increase the legal aid rates of its criminal solicitors and it was granted permission to challenge the government in court over the matter earlier this year.
The Law Society president Nick Emmerson said: “Lord Bellamy’s report – which was published more than two years ago – set out the ‘parlous’ state the profession was in. Yet, the then Lord Chancellor, Dominic Raab, chose to ignore his key recommendation of a minimum rates rise to keep the profession afloat.”
“The government refused to mediate leaving us with no choice to continue this fight on behalf of our members in the courtroom. We hope the High Court will recognise that Dominic Raab’s decision was irrational and give the new Lord Chancellor the opportunity to reconsider it.”
“It’s not too late for the government to take the steps needed to make this work financially viable for defence solicitors and help ensure access to justice remains open to all,” he added.
The judicial review hearing is start on Tuesday next week and is scheduled to last for two days.
The Ministry of Justice declined to comment.
This story was updated to make clear the issue the Law Society has is over criminal solicitors fees and not criminal barristers.