About the Family Law Week blog

The Family Law Week Blog is a companion site to Family Law Week. It complements the news, cases and articles published on Family Law Week with additional comment and coverage of the wider aspects of family law.

The Blog is edited by Jacqui Gilliatt, of 4 Brick Court and Lucy Reed, of St Johns Chambers.

Sunday, 2 December 2007

To the Victor the Spoils? Apparently not.

The Law Society has won its case against the Legal Services Commission in relation to the legality of the new public funding contracts. See the judgment of the Court of Appeal (Lord Chief Justice, Lord Justice Wall & Lord Justice Lawrence Collins). The court held that:-

"The power of amendment is so wide in this case that it amounts to a power to rewrite the contract."

The court went on to hold that the unilateral power to amend in such a wholesale way on short notice was an unjustified obstacle to the opening up of public procurement to competition & that it infringed the principal of equal treatment. It did not make it any better that if firms did not like the proposed amendments they could simply terminate the contracts.

Unfortunately, as is obvious from this Times report the LSC are obstinately clinging to their reform plans and say that it will merely mean they have to terminate & re-tender for contracts more frequently.

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