End to legal aid gravy train over ‘war crimes’
Cameron wants to cut funds for lawyers pursuing cases involving soldiers in Iraq and Afghanistan
HUMAN rights lawyers who have brought thousands of war crimes cases against British troops will see their taxpayer-funded legal aid cut, in a new assault on “ambulance-chasing” law firms.
David Cameron has ordered the action after becoming “very concerned” at the boom in compensation claims and investigations against soldiers over incidents in Iraq and Afghanistan.
Downing Street said the Prime Minister feared that inquiries have “got out of hand” as figures showed two law firms received £6million in taxpayer funding to bring cases against the military.
Officials are now urgently examining whether it is possible to act to stem the flow of new claims.
As a first step, ministers plan to tighten the rules on legal aid in civil cases – including compensation claims and judicial reviews. The plan follows concerns that lawyers have been trawling for clients by knocking on doors in Iraq to bring compensation claims against the Ministry of Defence.
In future, under the plans, only people legally resident in the UK for the previous 12 months will be able to receive legal aid in civil law cases. The crackdown comes after The Sunday Telegraph revealed the full extent of legal action being brought against British soldiers who served in Iraq and Afghanistan.
In recent weeks, this newspaper has disclosed that the total cost of more than 2,000 cases brought against the military over the two wars is expected to reach almost £150 million by 2019.
The alarm has now reached the highest levels of government, with the Prime Minister ordering his civil servants to begin work on examining whether it is possible to halt the flow of cases.
A government source said: “It is unacceptable that our troops who go abroad to protect British people are pursued through British courts with British taxpayers’ money by people who don’t even live in Britain.
“And nor is it right that illegal immigrants who have exhausted all avenues to remain in the UK should be able to draw upon public funds to prolong their stay in the country.
“The residence test will help restore public faith in civil legal aid that it is being used in the right way and for those it is truly supposed to support.”
The new rules – expected to come into force in the summer – will prevent illegal immigrants using public funds to stay in the country and foreign residents drawing on legal aid to pursue civil cases against British troops in UK courts.
The public outcry over war crimes allegations against British troops follows the collapse of the Al-Sweady inquiry in December 2014.
The public inquiry found that while mistreatment of Iraqi prisoners did occur, the most serious allegations including murder were “wholly without foundation and entirely the product of deliberate lies, reckless speculation and ingrained hostility”.
Nearly £6 million has been paid out to two major law firms – Leigh Day and Public Interest Lawyers (PIL). Both were criticised over their role in the AlSweady public inquiry and were referred to the Solicitors Regulation Authority, the legal watchdog.
Leigh Day is facing disciplinary action that could result in senior lawyers being struck off, while PIL is still under investigation. More than 1,500 claims have been lodged by PIL and Leigh Day, but only 18 cases have been concluded. Of these, just three have resulted in further action.
Since 2004, the MoD has spent some £100 million on Iraq-related investigations and compensation, including £31 million on the Al-Sweady inquiry.
£150m The cost to the taxpayer of more than 2,000 cases brought against the military over the Iraq and Afghanistan wars