Civil legal aid fee uplift announced

Duncan Lewis Solicitors applauded the Lord Chancellor's move to lay a statutory instrument before Parliament, introducing essential increases to civil legal aid fees that will benefit housing, immigration and asylum work. The Civil Legal Aid (Procedure and Remuneration) (Amendment) Regulations 2025, set to take effect on 22 December 2025, promises a much-needed boost to Controlled Work fees with a 42% uplift for housing-related activities and a 31% increase for immigration and asylum. New minimum hourly rates of £65.35 for non-London areas and £69.30 for London have also been established, alongside fixed fees that will see proportionate increases or rises of at least 10%.

These modifications represent the first significant adjustment to civil legal aid rates in over a decade and are part of an overall £20 million annual investment announced after the Government's consultation titled “Civil Legal Aid: Towards a Sustainable Future.” Consultant Public Law Solicitor Jeremy Bloom stated “This is a significant and hard-won development for the legal aid sector. For years, providers have operated under unsustainable financial pressure while continuing to support some of the most vulnerable individuals in society.” He added that today's announcement signals a recognition from the government that action was necessary to mend what had become a broken system.

While the decision marks a positive step for many legal aid providers, there is concern regarding the increase not applying to cases opened prior to the effective date. Bloom addressed this issue, expressing that “We are concerned that the Lord Chancellor has taken the decision for the increase not to apply to matters opened before 22 December 2025… This will have the effect of slowing down any increase in capacity within the sector.”

The road to this announcement followed earlier judicial review proceedings initiated by Duncan Lewis against the Government's inertia in implementing promised fee uplifts post-consultation. Despite earlier assurances, the Ministry of Justice postponed action while the sector faced mounting financial strain exacerbated by the cyber-attack on the Legal Aid Agency.

The pending enhancements will subsequently confirm that Controlled Work uplifts will be instituted by the end of the year, while Licensed Work uplifts are expected to follow upon full recovery of the Legal Aid Agency’s systems. Duncan Lewis remains vigilant in overseeing the government’s promises, ensuring that the complete package of reforms proceeds without further hindrance.

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