Aftermath of legal aid cyber attack becoming problematic in courts
The Law Society of England and Wales said while legal aid cases continue to be heard, some dozens of complex, means-tested cases are being adjourned where funding remains uncertain.
The concerns come as the representative body outlined 10 key steps needed 'to keep the wheels of justice turning' two months after officials became aware of the hack.
The Law Society said legal aid providers cannot afford to give advice or representation for free, and risk being 'caught out' when cases move from the magistrates' courts to crown courts, where solicitors have to instruct counsel without guarantee of payment.
Legal aid professionals previously told the PA news agency that lawyers are facing 'administrative chaos' since the system went offline, prompting fears more providers will leave the sector.
The Law Society welcomed new guidance to magistrates' courts over adjourning cases at a solicitor's request over legal aid application issues.
The Law Society said: 'We recognise adjourning these cases will create additional delay within our justice system, but it is imperative that defendants and claimants are able to access legal advice and representation.
'We believe the courts and the Government should continue to monitor the impact that the breach is having on the effectiveness of court hearings.'
It comes as the Ministry of Justice introduced further contingency measures that came into force on Friday, that temporarily gives more powers to providers to streamline legal aid applications.
Law Society president Richard Atkinson said: 'It has been two months since the cyber attack and it is time to get our justice system back online and ensure legal aid – a crucial public service – is available to all who may need it.
'Civil legal aid providers, who can make the difference between a home and homelessness or give stability for children navigating family separation, are particularly hard hit.
'They have been unable to apply for new grants of legal aid which has left people most in need unable to secure legal advice and risks the closure of legal aid firms across the country.'
Those eligible to apply for legal aid include domestic violence and modern slavery victims, people involved in care proceedings or at risk of homelessness, as well as people accused of criminal offences.
According to the Ministry of Justice, a 'significant amount of personal data' of people who applied to the Legal Aid Agency (LAA) since 2010, including criminal records, was accessed and downloaded in the cyber attack.
The Government became aware of the hack on April 23, but realised on May 16 that it was more extensive than originally thought, and took the system offline.
The Law Society is urging for full transparency on what data has been accessed, and for the Ministry of Justice to conduct a full review of the LAA's response to the breach.
Contingency measures have been put in place including setting up an average payment scheme for civil legal aid cases, resuming payments on criminal legal aid cases, and confirming criminal applications will be backdated at this time.
A Ministry of Justice spokesperson said: 'We have introduced enhanced contingency measures today to streamline legal aid applications, ensure people are represented and to keep the system running.
'This is on top of the actions we've taken since the attack to give providers greater security – including an average payment scheme for civil legal aid cases and resuming payments for criminal legal aid cases – and continue to work as quickly as possible to restore our online system.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Times
30 minutes ago
- Times
Lenders must probe joint borrowers for signs of exploitation
Economic manipulation as a form of domestic abuse has attracted rising recent attention, but fears remain that the law is not protecting the most vulnerable. The Supreme Court highlighted the 'damaging effects' of the problem in a case ruling last month that a bank had a duty to investigate whether a woman faced undue influence from her partner when the couple took out a mortgage that would be used partly to pay off his debts. The judges ruled unanimously that staff at One Savings Bank knew that money loaned to allow Catherine Waller-Edwards to remortgage her home would be used in a way that did not benefit her financially and it should therefore have checked to determine whether Nicholas Bishop had put her under undue influence.
Times
31 minutes ago
- Times
Don't overlook crypto when splitting assets in divorce
As digital currencies such as bitcoin, ethereum and solana become common holdings among the wealthy, they are increasingly used to conceal assets in divorce cases. In many ways, crypto functions like a digital offshore account — decentralised, borderless and often anonymous. Its pseudonymous nature makes it uniquely difficult to trace, value, or even prove it exists. Unlike a share certificate or bank statement, a crypto wallet might exist on a USB stick in a drawer, or be locked behind a password and 12-word seed phrase known only to the holder. If someone claims they have lost access, that may be the end of the trail. Even when crypto is disclosed, it still poses difficulties. These assets can be highly volatile, particularly altcoins, so unless both parties agree to share that risk, valuing them fairly becomes problematic. It is also relatively easy for someone anticipating divorce to open a crypto exchange account on a phone and quietly move funds there, sometimes years in advance. Yet disclosure typically only covers the past 12 months unless there is a clear reason to investigate further. This murkiness creates a growing blind spot in divorce litigation. There is no consistent UK legal framework for disclosing crypto and limited case law to guide lawyers and judges. That opens the door to disputes and grey areas, particularly when disclosure is incomplete or suspected to be dishonest. For international cases, the complexity increases significantly. If digital assets are held on overseas exchanges, especially in jurisdictions that do not co-operate with UK courts, there may be no practical way to obtain information or enforce a financial settlement. Tracing crypto that has been moved, converted into privacy coins, or hidden through tumbling services — a process of mixing identifiable funds with nonidentifiable — can be incredibly difficult and sometimes impossible without specialist forensic expertise. Solicitors must look for tell-tale signs of concealment, undeclared exchange accounts or large unexplained transfers. And when red flags arise, lawyers increasingly rely on forensic investigators who understand blockchain analysis and can follow the money. But it is not just a technical problem, it is emotional too. When one party believes assets are being hidden in crypto, it fuels mistrust and escalates conflict. Relatively straightforward financial cases become emotionally charged battlegrounds once digital asset concealment is suspected. As more wealth is stored digitally, this will only grow as a challenge for the courts. Until the law catches up, crypto will continue to be a grey area that some exploit, others fear, and many don't fully understand. For divorcing couples, the message is clear: do not underestimate the role crypto may be playing in the financial Maguire is the managing director of Maguire Family Law
The Guardian
an hour ago
- The Guardian
Qantas cyber-attack: what data was taken and what should I do if I'm affected?
Qantas has said the personal information of up to 6 million customers could have been stolen in a cyber-attack this week. What should you do if you're caught up in the attack, and is your frequent flyer account at risk? Qantas has said a cybercriminal targeted a call centre and gained access to a third-party system that held customer information. The company detected the unusual activity on Monday and shut it down, but believes a 'significant' amount of the personal information of customers may have been taken. The alleged culprit of the attack has yet to be identified, but shares similarities with a ransomware group known as Scattered Spider. The group has targeted airlines in the US in recent weeks by calling the IT support for large companies, often impersonating employees or contractors to deceive IT help desks into granting access, and bypassing multi-factor authentication (MFA). Qantas is still investigating the amount of data taken but believes it includes: Names Email addresses Phone numbers Dates of birth Frequent flyer numbers The airline has said the breach did not include credit card details, personal financial information or passport details, as this information was not held by the system. The airline said no frequent flyer accounts were compromised, and passwords, pins and log-in details have not been accessed. Not immediately. Qantas said no accounts were compromised. In order to access your frequent flyer account, you need the account number, surname and a pin. Two of the three of those were accessed in the data breach – so if your pin is recycled and may have appeared in other breaches, it could be compromised. Importantly, however, Qantas has enabled multi-factor authentication for its frequent flyer accounts, meaning when you log in, it will need to confirm either by SMS or through an authentication app (if set up) that you're really you. Sign up for Guardian Australia's breaking news email If your phone number has not been compromised by hackers (by porting your number to a new phone – typically used by hackers to get past MFA to break into online banking) then it would not be a concern. If you currently use SMS-based MFA, you should consider switching to an authentication app for a greater level of protection. Additionally, Qantas will email you when your account is logged in for the first time on an unfamiliar device – meaning that if a hacker does manage to get in, you will know about it quickly. Qantas has advised customers affected by the breach that at this stage there's no requirement to reset their password or pin. The national cyber security coordinator, Lt Gen Michelle McGuinness, told ABC News Breakfast on Thursday that people should be on the lookout for suspicious actions, and not respond to unsolicited emails, texts or calls. 'If you think someone is reaching out to you from an official capacity, hang up or don't respond – go and source your own number or email to reach out to that person,' she said. She said people should ensure they have unique and strong passphrases for each account they use on the internet, always use MFA and ensure their software on their devices is up to date. Using a password manager that is built into iOS and Android is useful to keep track of all the various accounts you maintain. The federal government has set up a website to guide people through how to improve their cybersecurity.
