I agree that a properly supported boycott would leave the MOJ in a difficult position, if that can be achieved. 

The current payment rates were always going to come under scrutiny sooner or later. There's clearly scope for a negotiated reduction acceptable 
to both sides. 

Ed Caute
FMW Law
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On 10 Feb 2017, at 13:43, Steven Bird <SBird@birds.eu.com> wrote:

The answer is to grant non means tested legal aid on these cases in my view.

 

Hopefully on legal aid rates most firms will not deal with s38 cases. The fee on each case would probably be in the region of £200 max – nothing to get excited about. It would be really good if there could be a unity on this tiny issue among the profession. Boycott s38s – how easy is that!?

 

Steven Bird |  Managing Director

Birds Solicitors

 

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From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Jonathan Black
Sent: 10 February 2017 13:32
To: members@mail.lccsa.org.uk
Subject: MOJ consultation on LGFS and Court appointees

 

5.      https://consult.justice.gov.uk/digital-communications/lgfs-and-court-appointees/supporting_documents/impactassesments38courtappointees.pdf

 

5. We consider that, despite the fact that this can be a sensitive task, the work of court appointees under section 38 or section 4A is in reality no different to that undertaken by lawyers acting for a defendant under legal aid. Therefore we propose capping such costs at legal aid rates, as we have already done in relation to Defendants’ Costs Orders. There is no reason to pay a premium for this work just because payment is made from central funds rather than the legal aid budget. The work involved and time required to prepare is little different from many legal aid cases. 


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