Solicitor Rubin Italia comments on the Ministry of Justice’s proposal to increase fees for criminal legal aid in Law360.

Rubin’s comments were published in Law360, 3 October 2022, and can be read here.

Rubin Italia at Stokoe Partnership Solicitors described refusing criminal work as a “nuclear option”, but one that could act as a “tipping point” that would force the government “to get round the table and have a genuine discussion”.

The 200-300 firms with the biggest legal aid revenues “potentially hold the balance of power with the government. However, refusing work will be all but impossible with small practices that lack other civil or private work to fall back on.

“If you are a big practice you can do something like that but if you are a small practice on the High Street then what are you going to do?” Italia said.

[On the custody time limit ruling], Italia said this was a “huge step” for the Administrative Court to take. “The court recognized that if the dispute carries on the court is able to allow custody time limits not to be
extended within the framework of the legislation.”

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