Litigation Letter
All train and no gravy!
Challenging the Prime Minister’s reference to what he chose to call ‘the legal aid gravy train’, Toby Hooper QC, in the journal
of the south eastern circuit, said that he had got hold of the wrong end of a rather large number of sticks, including that
there is now no such thing as legal aid. In respect of family work, he wrote:‘Day in and day out, around this circuit and
each of the others, highly trained, skilled and conscientious advocates strive to represent the interests of some of the most
vulnerable citizens in society in crisis situations where that vulnerability is at its greatest, including domestic violence,
child welfare and ancillary relief. These crises which impact disproportionately on women should demand enhancement of the
funding of the system, not its reduction. But what has happened? The Family Graduated Fee Scheme was introduced in 2001 with
the intention of reducing by 5% the cost of the cases to which it applies, which includes the vast majority of those identified
above. Review was promised after two years. In fact the reduction has been proved to be at least 13%, and there has been no
review … meanwhile, the palpable drift away from this work gathers pace, to the obvious detriment of the clients whom the
system exists to protect.’