Law Society prepares third judicial review

The Law Society is preparing to launch a third judicial review, this time over the tendering process for next year's BVT pilot.

The society is already preparing two judicial reviews, one against the MoJ's decision to limit the costs recoverable by acquitted defendants, the other to determine whether or not TUPE applies to complaints handling staff at Leamington Spa hoping to work for the Office for Legal Complaints.

A society spokeswoman said a letter before action would be served on the LSC next week, if necessary, following the publication of 'impossible' tender process details for the BVT scheme.

Des Hudson, chief executive of the society, said that in 2008 the society agreed to work more closely with the LSC after winning a legal challenge against the LSC in December 2007 when the Court of Appeal ruled that the unified civil contract broke EU procurement rules.

He said the society had been forced to break with this understanding 'in order to ensure that an impossible system of contract procurement' was dropped.

'The society has campaigned against this tendering scheme from its infancy and has won concessions along the way, but it is clear the system the LSC has in mind is not fit for purpose,' he said.

'This is the last straw in what has been a flawed concept from the beginning. The tender process details confirm that this form of tendering is unsuitable for criminal defence service procurement.

'This approach, which has never been applied for the procurement of legal aid, is not in the public interest and will endanger our criminal justice system.'