LAA rethink Embarassment Clause

PUBLISHED October 18, 2016

The LCCSA are delighted to confirm that the Legal Aid Agency has agreed to rethink the controversial "embarrassment clause" (clause 2.2) contained within the new Legal Aid Contracts.
The clause became known as the "gagging" clause, because many believed it would have stifled legitimate criticism of the Legal Aid Agency or Ministry of Justice, restricting freedom of speech.
The LCCSA on behalf of it's membership challenged the clause that had caused some concern amongst the profession, and together with Tuckers Solicitors and Ben Hoare Bell LLP, instructed PLP to issue a letter before Claim.
As a result the LAA have agreed to clarify a sensible remit for the clause, which as initially drafted was unlawfully broad and vague.
The LCCSA are delighted at the outcome, and welcome the LAA decision to think again and engage with the profession on this.
LCCSA President Greg Foxsmith said "Members are pleased to see the back of this clause as currently drafted, and we welcome the willingness of the MoJ to engage with us on this issue. We are continuing to have constructive dialogue with the LAA on other contract terms and issues that affect our members"
A press release from PLP is here