Clarifying the LCS’s powers

Clarifying the LCS’s powers

Two recent decisions have clarified the law relating to the Legal Services Commission’s (LSC) powers to recoup payments on account made to solicitors for work done under a legal aid certificate, and to ‘nil assess’ such certificates many years, indeed decades after a case has ended.

In Legal Services Commission v Loomba, Ulasi and Carter, the high court held that the LSC’s practice of making a ‘nil assessment’ was lawful.

In Henthorn v the Legal Services Commission the Court of Appeal held that the limitation period starts to run from the date of final assessment, even if the final assessment takes place many years and indeed decades after a case has ended.

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