Counsel Magazine

A deal to ensure proper funding for representation in the most complex criminal trials has today been threatened by a last-minute change of heart by the Government, the Bar said. The Bar Council and the Criminal Bar Association have reacted angrily to a new Legal Services Commission consultation paper on pay for so-called Very High Cost Cases – VHCCs – which include some of the most sensitive terror and murder trials before the courts.

Bar representatives have been working with MoJ officials for nearly two years on a flexible pay scheme for senior advocates that would match the pay in each case to its particular circumstances. However, it emerged late in talks last month that the Government wanted to introduce a new, costcutting option for pay in these cases, involving an extension of the existing, fixed-fee scheme for shorter cases to include much longer cases lasting up to 60 days. The consultation paper of 2 December 2009 confirmed the eleventh-hour change.