I agree with Bruce, firms just won't do s38 work, we certainly will not.  

I am more concerned of the PPE cut to 6,000 pages, we need to mobilise on this.  They mention  an intention to bring in this part this year?

Kind Regards

Attiq Malik
Solicitor-Advocate 
Liberty Law Solicitors

On 10 Feb 2017, at 14:37, Bruce Reid (via members list) <nobody@simplelists.com> wrote:

We dont need a boycott, firms wont take them on....It will pay less than a summary trial and you cant get cover for those half the time given the going rate even now.

On 10 February 2017 at 14:13, Jonathan Black <jonathanb@bsbsolicitors.co.uk> wrote:
No one will do s38 at these rates and they will become the bread and butter  of court based touts which will be tolerated .

Both proposals come with the ultimatum - accept or we introduce second cut ! 

Sent from my iPhone

On 10 Feb 2017, at 14:03, Tim Walker <twalker@smw-law.co.uk> wrote:

Also see Part I para 9:

 

‘we propose reducing the 10,000 threshold for PPE and moving claims for pages in excess of 6,000 into the special preparation provisions. It is in cases with 6,000 or more pages that we have seen a significant increase in PPE caused in in part by electronic evidence now coming within the definition of PPE, most commonly mobile phone or computer downloads in serious drugs and fraud cases. Applying the special preparation provisions will mean that where there are more than 6,000 pages we will allow payment for work reasonably and actually undertaken.’

 

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. 


Sent from my iPhone


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