Since earlier this year, the Government's quango, the Legal Services Commission, has been locked in a duel with The Law Society concerning the new contract it was seeking to impose upon solicitors who were still prepared to provide legal aid services to the public.  In essence, this new contract (the "unified contract") was a very flexible affair, in that the Legal Services Commission retained to itself a right to vary material terms of the contract during its currency.  Most reasonable minded people would query the fairness of such a one-sided bargain, but not the Government.  The dispute was heard by the Court of Appeal in mid October of this year.  The judgment of the Court was published this morning.

“The Court of Appeal has given judgment today in the appeals by both the Law Society and the Legal Services Commission against the earlier judgment on the LSC's Unified Contract and its terms relating to how the contract can be amended. We are, of course, giving the judgment careful consideration, but we welcome the clarification it provides. This now enables us to move forward with greater certainty”

says this morning’s Press Release from the Legal Services Commission.  The Law Society’s take on the judgement is slightly different (with my emphasis.)

“The Court of Appeal has this morning wholly upheld the Society's challenge to the LSC's unified contract, also rejecting the LSC's appeal. The commission has now lost the power unilaterally to amend the unified contract in the extreme way it proposed. The judgment, handed down by Lord Justice Lawrence Collins on behalf of the court, is a decision 100 per cent in favour of the Society, and the solicitors it represents. The LSC was refused permission to appeal to the House of Lords and ordered to pay Law Society’s costs.

 

Delivering their judgment, the court repeatedly emphasised that this case was extreme: 'The power to amend is better characterised as a power to rewrite the contract' [para 86 of the judgment]. The court comprised Lord Justice Wall, Lord Justice Lawrence Collins, and the Lord Chief Justice, (Lord Phillips of Worth Matravers.)”

There can be no doubt that the Government will plough on with its ill conceived “reform” of Legal Aid, regardless.  It knows that it is right and it just doesn’t care.  It would be wiser for the Government to take stock and listen to positive, informed criticism of its proposals rather than dismissing outright any opposition as being merely “vested interests”.  Of course, it will do no such thing.