Following the filing of a Judicial Review in September 2020 by the Law Society in regards to the legal aid costs assessments moving in-house to the Legal Aid Agency (LAA), it was announced yesterday the Lord Chancellor Robert Buckland has agreed that firms can choose whether the costs are assessed by the LAA or the Court.
In 2020 it was announced legal aid Court assessed bills (costs in excess of £2500.00 to £25,000) were moving in-house to the LAA which became mandatory on 17 August 2020.
The LAA will hold a further consultation next month as to whether the LAA should continue to assess the bills in-house with a decision due by April 2021.
From 15 January 2021, providers can continue to send their bills to the LAA for assessment or opt to send a Bill of Costs to the Court for assessment.
Firms are also able to send Bill of Costs to the Court for a de novo assessment if they were previously assessed by the LAA since 17 August 2020 and were dissatisfied with the LAA assessment. This is only applicable for claims which would have been a Court assessed bill.
Further updates will be provided upon the outcome of the consultation.