Duncan Lewis has reached a settlement with the lord chancellor regarding legal aid fees for immigration and asylum work, with a decision on fee increases expected by the end of November.
- A legal challenge by Duncan Lewis in the High Court addressed the failure to raise legal aid fees since 1996, impacting vulnerable individuals.
- The settlement requires the lord chancellor to announce a decision and consultation by November, highlighting the urgent need for resolution.
- Evidence presented by Duncan Lewis emphasised the unsustainable nature of the current legal aid system due to a significant real-terms cut in rates.
- The Ministry of Justice acknowledges the inherited challenges and is considering reforms for a sustainable legal aid sector.
Duncan Lewis, a prominent legal firm, has withdrawn its legal case against the government concerning legal aid fees for immigration and asylum work. This development follows assurances from the lord chancellor that a decision regarding the fee structure will be made by the end of November. The resolution of this case is pivotal as it aligns with ongoing considerations from a major civil legal aid review initiated by the preceding government.
The High Court claim filed by Duncan Lewis in June challenged the government’s inaction on raising legal aid rates for ‘controlled work’. The firm argued that since the last fee increase in 1996, there has been a real-terms cut of 48%, which severely impacts access to legal representation for thousands of vulnerable individuals needing assistance with life-and-death immigration matters. The financial viability for providers has been undermined, making it a loss-making endeavour for many.
The consent order approved by the High Court effectively marks the end of immediate legal proceedings, contingent upon the lord chancellor’s commitment to revisit and decide upon the fees payable for controlled immigration and asylum work. Jeremy Bloom, solicitor at Duncan Lewis, expressed approval of the lord chancellor’s recognition of the crisis and the urgency surrounding legal aid. He stressed the hope for a favourable decision that would prevent financial losses for legal aid providers while ensuring representation for those in need.
The extent of the legal aid issue was highlighted by Bloom, who cautioned that without adequate reform, Duncan Lewis is prepared to renew legal action. He stated, ‘The system right now is unsustainable, and the people who lose out are those who simply cannot find a lawyer to put forward their cases.’
A spokesperson from the Ministry of Justice stated the new government inherited a justice system in crisis, and is reviewing options to reform the civil legal aid system. The government is considering the evidence collected from the review, including the substantial concerns raised by Duncan Lewis. Legal counsel for Duncan Lewis comprised Toufique Hossain, Jeremy Bloom, Nina Kamp, and Elizabeth Cole, with Chris Buttler KC, Eleanor Mitchell, and Jack Boswell from Matrix Chambers.
The settlement between Duncan Lewis and the lord chancellor may lead to much-needed reform within the legal aid system.
