The High Court has ruled that a decision by Dominic Raab to increase defence solicitors’ pay by less than he had been advised broke the law.
Lord Justice Singh and Mr Justice Jay ruled that the government’s decision on criminal legal aid funding in 2022 was irrational and that Raab did not make proper enquiries before making his decision as justice secretary.
In November 2022, the Ministry of Justice failed to grant a 15% rise in fees for legal aid work, despite advice from an independent review, and instead settled on 11% – prompting solicitors to threaten strikes.
The Law Society, which represents solicitors in England and Wales, argued that Raab had unlawfully ignored an expert recommendation.
It pointed out that 1,400 duty solicitors have quit since 2017 over frozen legal aid rates, leaving some areas without enough legal aid provision.
Solicitors’ pay
According to the High Court judgment, Raab had not met his legal duty to ensure there had been a proper investigation of all the evidence.
The government described evidence supplied by solicitors to support their claim as “anecdotal”, but the judges said this “understates its value”.
The judges said: “The court is being confronted by a mass of convergent evidence from honest, professional people.
“What this impressive body of evidence brings home is the women and men working up and down the country, at all hours of the day and night, in difficult and stressful circumstances, carrying out an essential service which depends to a large extent on their goodwill and sense of public duty.”
A spokesperson for the Ministry of Justice said that while solicitors had been successful on “specific narrow grounds”, the majority of their arguments had been rejected by the court.
This judgment will not formally reverse the 11% pay settlement but could place current justice secretary Alex Chalk under pressure to raise fees. When the recommendation was made more than two years ago by Sir Christopher Bellamy KC, it was advised that 15% should be the “bare minimum” raise.
Legal aid pays for lawyers to represent suspects and defendants who cannot afford their own legal advice, so plays a vital role in the justice system.
In an open message to Chalk, the Law Society chair Nick Emmerson said: “It’s not too late for the government to take the steps needed to make criminal defence work financially viable for law firms and help ensure access to justice remains open to all.
“We hope Alex Chalk will see the urgency of the crisis in criminal legal aid and ensure that the key recommendation of the independent review – a 15% legal aid rates rise – is implemented for solicitors as soon as possible.
“He must also commit to ensuring that criminal legal aid rates become and remain economically viable in the long term.”
The government has said it will not appeal the decision. Raab resigned in April last year amid allegations that he bullied staff while working as a cabinet minister.
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