Legal Aid

Article: Anger at the Bar as cuts begin

Criminal defence barristers face a fees reduction of 13.5 per cent over three years after the government rushed ahead with controversial cuts to legal aid. On 6 April the government laid a statutory instrument before Parliament that imposes cuts of...

Article: Bar Council appoints Toby Craig as its first Head of Communications

THE Bar Council, the Approved Regulator for barristers in England and Wales, has appointed Toby Craig as its first Head of Communications.

Also labeled: Chambers, Public Funding

Article: Bar Council calls for access to justice in an age of austerity

SPEAKING at two fringe meetings at the Conservative Party Conference in Birmingham, the Chairman-Elect of the Bar Council, Peter Lodder QC, stressed the importance of the legal profession working with Government to maintain access to justice, despite...

Also labeled: Public Funding

Article: Bar Council Chairman calls for protection for legal aid at Vienna Conference

Changes to legal aid system in England and Wales are incompatible with rule of law. SPEAKINGin Vienna at the 38th Annual Conference of European Bar Leaders, the Chairman of the Bar, Nicholas Green QC said the latest round of proposed cuts in criminal...

Article: Bar Council Chairman warns of legal aid cuts’ threat to diversity

DESMOND Browne QC, Chairman of the Bar Council, speaking at the 7th Biennial Minority Lawyers’ Conference, has highlighted the Bar’s ongoing commitment to increasing diversity and access to the profession. Approximately 50% of those entering the...

Also labeled: Public Funding

Article: Bar Council launches court action over consultations

The Ministry of Justice is refusing Bar Council requests to extend the deadline for “inadequate and unfair” consultations on Very High Cost Cases (“VHCCs”) and advocates’ graduated fees despite threats of judicial review. Solicitors acting for the Bar...

Also labeled: Legislation, Public Funding

Article: Bar Council launches Judicial Review of Government’s consultations on Criminal Legal Aid

IN accordance with the Pre-Action Protocol for Judicial Review Claims, solicitors acting for the Bar Council have written to the Legal Aid Minister, Lord Bach and to the Chairman of the Legal Services Commission, Sir Bill Callaghan in order to advance...

Article: Bar Council moves toward judicial review of Government’s consultations on criminal legal aid

THE Bar Council has taken the first step toward a judicial review (JR) of two consultations on Advocates Graduated Fees and Very High Cost Cases (VHCCs) which are being conducted by the Ministry of Justice (MoJ) and the Legal Services Commission (LSC)...

Also labeled: Criminal

Article: Bar Council plays central role in IBA Annual Conference - Chairman heralds importance of legal aid

THE Bar Council has played a central role at the International Bar Association’s Annual Conference, which took place in Vancouver, Canada, last month. The IBA Annual Conference brings together more than 4,000 practitioners and Bar leaders and o...

Article: Bar Council presence at Party Conferences

ProfessionThe Bar Council sent senior representatives to the three main party conferences this year. Delegates went armed with two contrasting messages. First, that the legal profession and indeed access to justice will be immeasurably affected by the...

Article: Bar Council welcomes Government’s decision to create new executive agency to administer legal aid

THE Bar Council has welcomed the Ministry of Justice’s decision to create a new executive agency to replace the Legal Services Commission (LSC) to administer legal aid. The Government’s announcement follows the publication of the Review of Legal Aid...

Article: Bar will fight “spending cuts”

Desmond Browne QC, the Chairman of the Bar Council, has criticised proposals to reform legal aid as “cuts in spending, pure and simple”. In August, the Ministry of Justice (“MoJ”) set out its plans to “rebalance” the £2 billion legal aid budget, in its...

Article: Chairman of the Bar urges creative solutions to the Legal Aid crisis

SPEAKING at the Annual Conference of the Institute of Barristers’ Clerks (IBC), Desmond Browne QC, the Chairman of the Bar, called for creative solutions to the current dire predicament of the publicly funded bar, and praised clerks and practice m...

Article: CLAF fund could bridge justice gap

A Bar Council “think tank” has proposed a self-funding scheme to help those ineligible for civil legal aid but without the means to mount a legal claim.

Also labeled: Civil

Article: Constitution Committee outlines concern

House of LordsThe House of Lords constitution committee has highlighted “significant” concerns with the Legal Aid, Sentencing and Punishment of Offenders Bill.

Also labeled: Legislation, Sentencing

Article: Deal over complex terror and murder trials undermined by Government’s eleventh hour change in proposals

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...

Also labeled: Criminal, Public Funding

Article: Debate on cuts

The Criminal Bar Association (“CBA”) and the Young Barristers’ Committee (“YBC”) are calling a meeting to debate the effects of cuts to criminal legal aid fees.

Article: Double trouble for Ministry of Justice

CriminalTwo separate judicial reviews have been launched against the Ministry of Justice in response to plans within the Legal Aid, Sentencing and Punishment of Offenders Bill 2010-2011 to cut legal aid.

Also labeled: Criminal

Article: Family Bar “close to breaking point”

Family law barristers have joined with the NSPCC to call for an urgent Parliamentary inquiry into the state of the family justice system. A coalition, including the Bar Council and Family Law Bar Association, have written to the chair of the House of...

Also labeled: Family

Article: Family barristers face fee crisis

Family barristers are stepping up their campaign against proposals to pay fixed fees for advocacy in family legal aid cases from 2010.

Also labeled: Family

Article: Family legal aid plans worry MPs

A cross-party group of MPs has condemned the Legal Services Commission (“LSC”) proposals to cut legal aid funds for family law cases as “flawed, weak and inflexible”.

Article: Financial pressures on family justice could increase risks

Cuts in legal aid fees for family cases and a “massive” hike in court fees could put vulnerable children at increased risk, Desmond Browne QC, the 2009 chair of the Bar Council, has warned.

Also labeled: Family

Article: Friends in law

Chambers are being encouraged to contribute to pro bono work under the “Friends in Law” scheme launched by the Bar Pro Bono Unit and the Free Representation Unit. Scheme members can highlight their pro bono work on stationery and websites. 

Also labeled: Public Funding

Article: Government “brutal” legal aids cuts could cost more than they save

Legal aid cutsThe Bar Council has accused the Ministry of Justice (MoJ) of getting its sums wrong over its “crude and brutal” legal aid cuts.

Article: Helping refugee children and young people

ProfessionAn innovative 12-month pilot project to offer legal help to young refugees launched in October.

Article: Impact of fee cuts

A Bar Council snapshot survey of chambers around England and Wales has revealed that the proposed cuts to criminal legal aid feeswould force many barristers to leave publicly funded criminal work while several chambers said they would be unable to...

Article: Jackson urges action on CLAFs

ProfessionThe time is “ripe” for a contingency legal fund (CLAF) to be set up, Lord Justice Jackson has said. In a lecture to the Professional Negligence Bar Association, in October, Jackson LJ said a CLAF could be “viable”. “Recent research suggests...

Article: Judicial warning: legal aid cuts will “cost as much as they save”

legal aidThe Judges Council has warned that proposals to cut legal aid will cost as much as they save — echoing Bar Council research that reached the same conclusion.According to the Judges Council, which is chaired by the Lord Chief Justice and...

Article: Junior Bar suffering under “lax” legal aid regime

MPs have warned legal aid reforms are threatening the future of the junior Bar, in a damning report on the Legal Services Commission (“LSC”). The Committee of Public Accounts (“PAC”) report into legal aid procurement, published in February, critici...

Also labeled: Legislation, Public Funding

Article: Junior Criminal Bar under threat from botched legal aid reforms warns Commons Committee

ON 2 February 2010, the influential House of Commons Public Accounts Committee (PAC) published a damning report on the Legal Services Commission’s handling of legal aid reform. The report on criminal legal aid procurement also warns that the increased...

Also labeled: pupillage

Article: LALYs nominations

The Legal Aid Practitioners Group is seeking nominations for the 2010 Legal Aid Lawyer of the Year Awards (“LALYs”). The ten award categories include legal aid barrister (sponsored by the Bar Council) and outstanding achievement (sponsored by Man...

Also labeled: Public Funding

Article: LALYs’ shortlist is revealed

The Legal Aid Practitioners Group have unveiled their shortlist for the Legal Aid Lawyer of the Year Awards 2010 (“the LALYs”).Rabinder Singh QC, of Matrix Chambers, Mark Henderson, of Doughty Street, and Stephen Cottle, of Garden Court Chambers, are the...

Article: LawWorks

Solicitors made redundant during the economic downturn have volunteered more than 3,000 hours of free legal advice through a scheme run by LawWorks.

Article: Lawyers gathered in London agree communiqué on Access to Justice

MORE than 50 bar association leaders from around the world have approved a communiqué in support of access to justice. The members of the group, which gathered in London on the occasion of the opening of the legal year, have voiced their concerns ...

Also labeled: Public Funding

Article: Legal aid awards

Doughty Street Chambers’ Robert Latham has won this year’s Legal Aid Barrister of the Year award for his work in housing, homelessness and disability discrimination during a 30-year career.

Article: Legal aid booklet

The Bar Council has published a booklet,  Legal Aid: 60 Years of Public Service by Barristers, marking the 60th anniversary of the Legal Aid and Advice Act 1949.  The booklet describes how barristers funded by legal aid have acted for some of s...

Article: Legal aid concerns

ProfessionBarristers, clerks and practice managers considered the impact of the Legal Aid, Sentencing and Punishment of Offenders Bill at the Bar Council Contracting Conference, in London, earlier this month.

Article: Legal Aid Lawyer of the Year Awards scooped by Felicity Williams and Robert Latham

THE Legal Aid Lawyer of the Year Awards saw two outstanding publicly-funded practitioners scoop the two awards, for Legal Aid Barrister of the Year and Young Legal Aid Barrister of the Year. Cherie Booth QC presented the awards at a ceremony which saw...

Also labeled: Public Funding

Article: Legal aid lawyer winners

Five awards for outstanding achievements in the field of legal aid were presented at the Legal Aid Lawyer of the Year (“LALY”) awards. The occasion marked  the silver jubilee of the Legal Aid Practitioners’ Group (“LAPG”), which organises the event, and...

Article: Legal aid reforms postponed

ProfessionProposed reforms contained in the Legal Aid, Sentencing and Punishment of Offenders Bill would, if the Bill becomes law, be postponed until April 2013, six months later than the original date for implementation.

Also labeled: Legislation

Article: Legal regulator sets out its table

The Legal Services Board (LSB) has unveiled its vision for the next five years.

Also labeled: Legislation

Article: Lodder sets out true cost of cuts

Legal AidThe Chairman of the Bar has called on the Lord Chancellor to “think again about the total costs” of the changes to legal aid.In a detailed letter to the Lord Chancellor (a copy of which is available on the Bar Council website), Peter Lodder QC...

Article: Michael Mansfield is honoured at LALYs

Michael Mansfield QC received an award for “outstanding achievement” at this year’s Legal Aid Lawyer of the Year Awards.

Also labeled: Criminal

Article: Ministers Admit more work is needed on family legal aid scheme

GOVERNMENT Ministers have acknowledged that controversial plans to impose fixed fees for legal representation for vulnerable families and children cannot proceed without “further analysis”. Justice Minister Lord Bach has told Parliament that further...

Article: Ministers get Bar warning over risk of injustice from criminal legal aid cuts

A rush to slash legal aid fees will cause damage to the quality of justice, barristers have warned Ministers. A raft of submissions from the Bar Council, the Criminal Bar Association (CBA), young barristers and the Bar's regional circuits are...

Article: More family cuts

Funding for specialist advisers providing support in severe cases of family breakdown has been cut, in moves announced last month by the Ministry of Justice and Legal Services Commission. Lucy Theis QC, Chairman of the Family Law Bar Association,...

Also labeled: Family, Public Funding

Article: Mutual Fund ‘could ensure access to justice and help solve legal aid crisis’

A self-funding scheme to provide assistance to those deemed eligible for help in mounting civil legal claims could help to ensure access to justice for those currently ineligible for legal aid but without the means to enforce their rights. The idea...

Article: NAO identifies significant weaknesses in legal aid administration

THE Bar Council has welcomed the report on the procurement of criminal legal aid in England and Wales, which has been published by the National Audit Office (NAO). The NAO’s report examines the procurement of criminal legal aid by the Legal Services...

Also labeled: Legislation

Article: Neuberger on Bentham

access to justiceThe Master of the Rolls has used the annual Bentham lecture to stand up for legal aid, oppose the myth of the compensation culture and put right the “insidious idea” that litigation is actually a bad thing.

Article: New ADJ President

JudiciaryDistrict Judge Paul Mildred has warned the legal aid cuts will heap pressure on the courts, in his first public comments since becoming President of the Association of District Judges.

Also labeled: Civil, Family, Litigation

Article: New faces in the coalition government

Barristers Dominic Grieve QC and Edward Garnier QC have been appointed Attorney General and Solicitor General respectively in the new Con–Lib Dem coalition government.

Also labeled: Constitutional, Legislation

Article: New headquarters for pro bono

A new “hub” for national pro bono work will open at 48 Chancery Lane this summer, marking a significant milestone for charitable work by lawyers.

Article: New means testing guidance

Crown Court means testing was re-introduced for defendants on 11 January 2010. Privately represented defendants who are acquitted can apply to reclaim their costs. The government has published new guidance on how to apply for legal aid in criminal...

Article: New Parliamentary Legal Aid Group

MPs have launched an all-party Parliamentary group on legal aid, to promote understanding of the role of publicly funded legal services.

Article: New review into the delivery of legal aid

Senior civil servant Sir Ian Magee is to lead a review into proposals to separate the Criminal Defence Service (“CDS”) and Community Legal Service (“CLS”), as part of a review to ensure that the £2.1 billion currently spent on legal aid every year is...

Also labeled: Public Funding

Article: NewsBites

Mediation mattersSeparating couples will need to consider mediation before they can divorce in future, the Ministry of Justice has announced. The new policy could potentially lower the cost of divorce for the couples involved, as well as reducing the...

Also labeled: Civil, Criminal, Family

Article: NSPCC supports Bar Council’s calls to defend legal aid for vulnerable children and families

THE Bar Council has voiced its concerns over government plans to cut legal aid for vulnerable children and families, saying that cuts of between 20% and 30% being proposed by the Ministry of Justice would risk miscarriages of family justice. The...

Article: Parliament puts spotlight on impact of family legal aid cuts on vulnerable children

PARLIAMENT played host to a high-level meeting on the impact of the Legal Services Commission’s proposed cuts to family legal aid on vulnerable children on 12 May 2009. Chaired by Baroness Butler-Sloss and Baroness Walmsley, the meeting gathered...

Also labeled: Family

Article: Prioritising legal aid

The Ministry of Justice has announced plans to re-focus legal aid away from low value damages claims against public bodies or “hopeless” judicial reviews. Before legal aid is granted in divorce and child contact disputes, the LSC will contact opp...

Also labeled: Family, Public Funding

Article: Pro Bono Costs Orders

Lord Neuberger, the Master of the Rolls, and the former Attorney General, Lord Goldsmith, have appealed for lawyers to make greater use of pro bono costs orders.

Also labeled: Public Funding

Article: Pro bono round up

Lord Goldsmith QC has expressed concern that budgets for pro bono and voluntary advice sector budgets are falling just as the recession is increasing demand. Addressing the National Pro Bono Conference, in London in November, he emphasised the need...

Also labeled: Public Funding

Article: Recession hits on legal aid

“Critical barriers” to accessing civil legal aid still exist while the recession has fuelled demand, Citizens Advice has warned.

Article: Revealed: the human cost of proposed cuts to family legal aid dossier of case studies submitted to ministers

THE potential human cost of denying vulnerable families and children access to expert legal support in care and related cases was revealed in a dossier of case studies, showing the difficulties which are already being encountered by family barristers...

Also labeled: Family

Article: Straw talks tough on legal aid

Justice Secretary and Lord Chancellor Jack Straw called for a “better balance in legal aid” in England and Wales, in a speech at London School of Economics in March.

Article: The future for legal aid lawyers

The All Party Parliamentary Group for Legal and Constitutional Affairs observed the diamond anniversary of legal aid by posing the question, “Is there a future for the publicly funded practitioner?”

In this month’s issue…

counselmay2012frontpageRape Sentencing
Are the courts too soft on rapists?

Civil Justice Reform
An interview with Lord Justice Jackson

Legal professional privilege
Let the fightback begin


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