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Win in High Court should benefit divorcing couples in Norwich |
Over the summer a significant percentage of specialist law firms in Norwich were told that they had been unsuccessful in their attempts to renew their family law contracts under the Legal Aid Scheme. This was part of a move in which the Legal Services Commission (LSC) sought to cut the number of firms able to offer Legal Aid in England and Wales from 2,400 to 1,300. The Law Society argued that the tendering process was unfair and would prevent "the vulnerable and deprived from obtaining the services of very well qualified and experienced family lawyers." The High Court yesterday declared that the LSC's family Legal Aid tender round was unlawful. An LSC spokesman yesterday said that they were currently considering the detail of the judgment and its implications, including whether to appeal.
Norfolk and Norwich Law Society President, Ross Strowger of Kester Cunningham John, is optimistic that the ruling will stand and that more Norwich firms than originally thought will retain the right to offer public funding to those seeking to divorce or with other family-related issues. He explains:
"The vast majority of divorces put financial pressure on both parties because they are seeking to run two households instead of one from similar levels of income. For those who are already on low incomes, the pressure is more intense and there is a very obvious need for help to resolve their situations as quickly and amicably as possible, particularly where the welfare of children is at stake. The LSC's plans were, in the view of many of our local members and other Law Society members nationally, potentially jeopardising the rights of local people and their children to obtain this much needed assistance.
While we await further developments, anyone who is already receiving Legal Aid funding to progress their divorce can be reassured that their situation will not be affected and they will continue to receive the help they need."
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