Jason Coppel KC and Zoe Gannon acted for MK Law Solicitors in a successful challenge to a decision of the Legal Aid Agency (MK Law Solicitors Limited v The Lord Chancellor (CO/1636/2016)). MK Law challenged the LAA’s decision to refuse to permit it to join additional duty provider – acting as a duty solicitor at police stations and magistrates’ courts – schemes.
MK Law had been very successful in the LAA’s 2015 duty provider tender and set up an office in Hackney to perform duty provider work in the Hackney and adjacent areas. The 2015 duty provider tender and the Lord Chancellor’s policy for dual contracting was abandoned on 28 January 2016 in the face of opposition including a judicial review and 115 Part 7 claims (Jason Coppel KC, Amy Rogers, and Zoe Gannon acting for the Claimant solicitors).
In the fall out from that abandonment decision the LAA offered successful firms, like MK Law, the opportunity to join additional duty provider schemes where they had opened an Office, and employed staff to perform criminal legal aid from that office. The offer was made by letter dated 8 February 2016. The LAA informed MK Law on 11 March that it did not meet the criteria in the 8 February letter.
Mrs Justice Patterson concluded that the LAA’s application of the criteria included in the 8 February letter was irrational and would require solicitors firms to act in breach of contract (2010 Standard Contract Crime). Patterson J quashed the LAA’s decision and ordered the LAA to remake the decision in a lawful manner.
The judgment can be read here.
