Senior judges disappointed by LSB's 'absence of consideration' for courts

The Lord Chief Justice, Lord Judge, Master of the Rolls, Lord Dyson, and Sir John Thomas, president of the Queen's Bench Division, have said they are "disappointed" by the lack of references in the LSB's business plan to the "effective functioning of the courts".

In their response to the draft plan, the senior judges said: "High standards, in the conduct of litigation and advocacy in particular, are necessary to support the effective and efficient functioning of the courts and the work of the judiciary.

"They reduce the cost of the justice system, both to the state and to litigants, through fewer and shorter court hearings. They strengthen the rule of law."

The judges said the maintenance of high standards should play a "central role" in the LSB's activities and an "unelaborated, passing reference" to the rule of law and improving quality was not enough.

They warned: "The absence of consideration given to how the Legal Services Board's regulatory plans will affect the operation of the courts and the effective administration of justice underlines our very serious concerns about the current regulatory structure."

However, the judges praised the work done by the LSB in connection with QASA, which will be introduced for criminal advocates later this year.

In its response to the comments, the LSB said it did understand the "critical importance" of high standards of practice, in particular the conduct of litigation and advocacy.

"Such issues are core to the professional principles, the promotion and maintenance of which forms one of the eight regulatory objectives shared by the LSB, approved regulators and OLC."

The Board noted that "many aspects of its work", particularly reviewing specific requests for changes to regulatory arrangements and QASA, were designed to "maintain and improve" standards of courtroom practice.

Elsewhere in its response to the consultation on its draft business plan, the LSB said it was "fully cognisant" of the consequences of the global financial climate and government spending decisions on "providers and consumers" of legal services.

"This is why we worked with the Law Society and the MoJ to co-fund and manage the largest ever survey of 'High Street' solicitors and why we want to understand the true cost regulation requires practitioners to bear.

"It is beyond question that consumers will still need legal services - indeed evidence shows there is already significant unmet demand even before funding changes - but providers have to be prepared to look radically at their business models.

"In tough economic conditions, it is even more important than normal for regulation to ensure strong consumer protection and open markets in order to encourage sustainable, ethical business models."