Public Law analysis: The Law Society has succeeded on a limited basis in its judicial review of criminal legal aid reforms implemented by the Secretary of State for Justice following the independent review by Lord Bellamy KC. At the core of the challenge was the failure to implement the recommended £100m increase in criminal legal aid funding, while accepting the recommendations of the Bellamy review. The Divisional Court found that, though the threshold for a breach of the Lord Chancellor’s duty under section 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) had not been met, nor had he acted irrationally as to the substantive outcome of his decision, he had failed to make adequate enquiries, and that failure was irrational in the context of accepting the recommendations of the Bellamy review. The court accordingly made a declaration to the effect that the Ministry of Justice will have to conduct a further review on limited bases in order to perfect its decisions in this matter. Written by Andrew Dean, director of Public Law, and Oliver Carroll, senior associate, at Clifford Chance LLP.

The Law Society of England and Wales has expressed support for the Online Procedure Rule Committee's (OPRC) first Online Procedure Rules, which will initially apply to possession proceedings. In response to a consultation on the rules, the Law Society supports the OPRC's focus on access to justice through online proceedings while ensuring accessibility and inclusion are protected. The Law Society encourages the committee to take an iterative approach as more proceedings come within scope and to continue engaging with the legal profession as it contemplates extending online proceedings to other jurisdictions. Law Society president Mark Evans stated the draft rules are a positive first step for a digital justice system, but cautioned that simplicity must not compromise clarity and urged the OPRC to specify responsibilities for obligations created by the rules to avoid confusion for legal professionals and unrepresented participants.

The Law Society has announced a temporary extension for the use of the TA6 Property information form (5th edition) (2024) or its predecessor, the 4th edition (2020). Although the Law Society’s July 2024 consultation confirmed that conveyancers could continue using both forms until 15 January 2025, it has since acknowledged that this deadline is unrealistic for analysing the evidence and feedback received from the consultation on the fifth edition of the form. Members will remain compliant with the Law Society’s Conveyancing Quality Scheme if they continue using either the fourth or fifth edition of the form until the Law Society has completed its work.

The Law Society has announced changes to its property information forms following an extensive consultation on the TA6 Property information form (5th edition) (2024). The new approach introduces two distinct forms. The first is a mandatory 6th edition TA6 property form for Conveyancing Quality Scheme (CQS) members, to take effect from March 2026, designed to be used when an offer has been accepted. It will give buyers the information that the sellers have about the property before they commit to buying. This will be an improved version of the 4th Edition . The second is a material information form, which is not mandatory for CQS members and is designed for conveyancers to use if they choose to accept instructions by sellers before they list their property. It aims to help sellers gather the material information they are recommended to provide to the estate agent to market the property. The changes follow concerns about the 5th edition TA6 form, which was developed to incorporate National Trading Standards Estate and Letting Agency Team (NTSELAT) material information guidance. Implementation will begin during October 2025, with user testing commencing in Summer 2025. The existing 4th and 5th edition forms remain valid until the mandatory adoption date (March 2026).

On 3 June 2024, the Law Society updated its guidance on the consumer protection regulations in conveyancing to reflect the National Trading Standards Estate and Lettings Agency Team guidance on material information that should be disclosed on property listings.

The Law Society of England and Wales has urged HM Treasury (HMT) to ensure that changes to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 (MLR 2017) do not place ‘disproportionate and unnecessary obligations on the legal profession’, that there is a balance between data privacy and anti-money laundering obligations and that the MLR 2017 place more emphasis on managing specific risks and client and matter profiling. This is in response to HMT's consultation on the effectiveness of MLR 2017.

Following the recent high court ruling that the Criminal Legal Aid Independent Review (CLAIR) decisions 'were irrational and that the lord chancellor made insufficient enquiries as to the state of the criminal legal aid sector before making them', the Law Society has urged the Lord Chancellor to safeguard criminal legal aid's future. The Law Society has called for the government to introduce a rise of 15% to legal aid rates for solicitors and to keep rates economically viable long term.

The Law Society of England and Wales has warned that there is a risk of miscarriages of justice, if the current decline in duty solicitors continues. This is ahead of a Westminster Hall debate on 13 March 2024. The Law Society has reported that since 2017, over 1400 duty solicitors have left the sector, and less than 4% of the remaining duty solicitors are under 25 years old. It has also said that 32 duty solicitor schemes across England and Wales have less than seven members only. President of the Law Society, Nick Emmerson has highlighted that duty solicitors enable investigations to proceed quickly, and ensure that ‘victims and defendants alike get justice’. Emmerson has urged the government to implement the 15% recommended increase in duty solicitors ‘without any further delay’.

The Law Society has welcomed the Renters’ Rights Act 2025, which received Royal Assent on 27 October. Law Society president Mark Evans said the Act ‘levels the playing field’ between tenants and landlords and provides a foundation for ‘wellbeing, dignity and stability.

The Law Society of England and Wales has welcomed the UK's signing of the Convention for the Protection of the Profession of Lawyer, adopted by the Council of Europe. The Convention, signed on 14 May 2025, represents the first binding international treaty focused specifically on lawyer safety and protection. The treaty establishes protections against harassment, threats and interference with lawyers' professional duties. It has been designed to allow countries beyond Europe to sign and ratify it, with the UK becoming one of the first signatories.

The Law Society of England and Wales has published a reaction to HMCTS’ publication of its monthly management information on probate applications, which took an average of 9.3 weeks to process in July 2024, compared to 14 weeks in the same month last year. The Law Society is pleased HMCTS has engaged with the probate professional user group and is incorporating recommendations the Law Society made to the Justice Select Committee’s inquiry into the probate service (tracking paper applications online, building staff capability and reducing stopped applications). However, the Law Society urges that more needs to be done.

The Law Society of England and Wales has endorsed the UK government's new AI action plan for justice, which prioritises the responsible integration of AI technologies within the legal system. The Law Society's CEO, Ian Jeffery, stated that while the plan highlights AI's potential to enhance legal services, it also recognises the need to address associated risks. The Law Society’s AI strategy, based on innovation, impact, and integrity, aims to ensure technology is used ethically for the benefit of both the public and legal professionals. The Law Society reiterated its position from the 21st Century Justice project, advocating for modernising the justice system to improve accessibility. It proposed developing a free AI-powered tool, similar to the NHS 111 service, to help individuals understand and navigate common legal issues such as divorce, employment, housing and wills.