The New 'Very High Cost Case (Crime) Panel'
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Introduction
The Legal Services Commission (LSC) has published on its website extensive details of the new approach to be taken to criminal very high cost cases (VHCC). The previous intense concentration of the LSC mainly on cases categorised as 'serious fraud' is to be abandoned. There is now to be a 'best value' tendering competition amongst supplier law firms for places on a new national VHCC Panel. The closing point for the competition is mid-day on Friday, 27 July 2007.
After the commencement date, which is presently set for 1 October 2007, law firms will not be able to conduct any new VHCC cases unless they have secured a place on the new Panel. Current work is not affected.
Barristers are not participating in this competitive tendering exercise. Law firms are asked to identify the proposed members of their 'Defence Team' and this can include selected barristers.
The tendering exercise is said to involve an assessment of:
- quality of advice
- case management systems
- capacity
- experience of conducting VHCC.
- (a) applicant firms
- (b) litigators
- (c) case managers and
- (d) advocates.
Panel advocates
From a barrister's perspective an objective assessment of experience and expertise is not taking place at all. There is simply a token review of contracted cases and/or work undertaken during an arbitrarily selected 'Qualifying Period' between 21 May 2004 and 4 June 2007.
Involvement in substantial cases concluded prior to this qualifying period or for instance cases undertaken for the prosecution are ignored.
Happily there is space on the Panel for other advocates who do not meet the criteria. Half of the advocates nominated to act in a leading role must match the requirements, but the remainder can be included based on the personal assessment of the applicant firm. Subject to this condition law firms can nominate as many advocates as they wish. The application form will have to be signed by any selected barrister.
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