Law Society issues groundbreaking legal action to overturn unfair Government regulation
Date Published: 11-01-2010
Law Society issues groundbreaking legal action to overturn unfair Government regulation
The Law Society has now filed a Judicial Review application at the Royal Courts of Justice in a move to overturn new Government regulations which prevent successful defendants in criminal proceedings from recovering all their costs.
The Law Society believes the new scheme is unlawful and grossly unfair. Regulation 8 of the Costs in Criminal Cases Regulations 2009, which came into force on 31st October 2009, together with rates and scales determined by the Lord Chancellor, seeks to limit a successful defendant's costs on assessment to legal aid rates. In effect, it caps the costs which successful defendants can recover so that if they have paid privately for legal representation they will only receive back the costs that they would have incurred if they had been legally aided.
This means that those acquitted of criminal offences may be left with crippling costs despite winning their cases. The Law Society believes this new regulation will deter innocent people from seeking advice to clear their name and could lead to many miscarriages of justice.
Robert Heslett, President of the Law Society says: "The Law Society's view is that the new regulations are unlawful and that successful defendants are entitled to reasonable compensation for costs that they have properly incurred. This is the test set out in the Prosecution of Offences Act 1985. Payment on this basis can work out at much more than legal aid rates."
The Law Society has issued a practice note to assist solicitors who are representing successful criminal defendants in this situation. It advises that they can make applications to the judge at the conclusion of the case for summary assessment of costs . The Law Society's view is that on assessing such applications, judges should apply the "reasonable compensation" test.
Noted criminal law firm Kingsley Napley has been instructed to act on behalf of the Law Society. Senior partner Stephen Parkinson says:
"People do not choose to be prosecuted. Where they are prosecuted and then acquitted, it is grossly unfair that under the new scheme they only get back a fraction of their costs. By contrast, successful prosecutors are entitled to recover their "just and reasonable costs" which can work out at much more than legal aid rates. This underlines the inequality of the new scheme."
The Law Society’s Judicial Review is backed by the Police Federation of England and Wales who say the nature of police work results in police officers more frequently being the subject of criminal proceedings compared to other members of society.
Read the practice note:
http://www.lawsociety.org.uk/productsandservices/practicenotes/costsorders.page
Ends
Notes to editors:
The Law Society has launched a Judicial Review. After approximately 6-8 weeks, the administrative court will decide whether or not to grant permission to proceed. If the Law Society is granted permission, the matter will come on for final hearing around April 2010.
For additional information regarding the award of costs from Central Funds in criminal cases, please visit:
http://www.justice.gov.uk/consultations/award-costs-central-funds.htm
The Law Society provides support to solicitors on a wide range of areas of legal practice. The service is staffed by solicitors and can be contacted on 0870 606 2522 from 09.00 to 17.00 on weekdays.
www.lawsociety.org.uk/practiceadvice
For more information call the Law Society Press Office on 020 7320 5902
