The ruling, handed down today (29 November) by Lord Justice Collins, limits the power of the Legal Services Commission (LSC) to make amendments to the unified contract, which relates to civil and family legal aid work.
Collins also refused the LSC permission to appeal to the House of Lords and ordered the body to pay the Law Society’s costs.
The Law Society was advised by Bircham Dyson Bell disputes partner Peter Jacobsen and Blackstone Chambers’ John Howell QC.
Commenting on the ruling, Law Society chief executive Des Hudson said: “The LSC's right to unilaterally amend the unified contract is severely curtailed, if not destroyed.
“It is a shame that we have had to resort to the courts to address this. We hope that the LSC and Government will now work with us to secure a sustainable future for access to justice through an extensive supplier base of dedicated professionals.”
In a statement, the LSC said: “The LSC is giving the judgment careful consideration but welcomes the clarification it provides. This now enables us to move forward with greater certainty.
“[We] had already anticipated this outcome and it does not alter the fact that the legal aid reform programme is going ahead and remains on track.”
