*/
Chairman of the Bar, Alistair MacDonald QC, has pledged to “continue the excellent work” started by his predecessors Maura McGowan QC and outgoing Chairman, Nicholas Lavender QC, in preventing further cuts to legal aid, in order to defend a “proud and independent profession”.
His inaugural speech on 8 December paid tribute to the “united voice of the profession” in the form of the Criminal Bar Association, Bar Council and Circuit Leaders, and the “determination and courage of the Bar” in resisting “what would have been disastrous changes, had they been implemented”.
“It was the application of reason and persuasion together with an implacable courtesy throughout. But this time, unlike the many previous occasions upon which we have fought similar battles, the persuasive words were backed up by action,” he said.
MacDonald summarised the position on fees: “The Bar has endured successive fee cuts and we have done our bit”; there was “growing recognition that rock bottom has been reached” and negotiations with Government were now proceeding with “cordiality and calm engagement”. “We have cut the Gordian knot [on] VHCCs [and] are proceeding on the basis of individual contracts tailored to the needs of the case,” whilst discussions take place on a replacement of the old system.
Panels drawn from the CBA and the Circuits will be consulted on any proposals on the re-structuring of fees under the Advocates Graduated Fee Scheme. “Never again will we hear the complaint from the Bar that it was not consulted about new fee schemes until it was much too late. The new system brings a representative selection of barristers into the process as active participants in the negotiation process,” MacDonald said.
“The new system should [also] help to persuade those who do not practise in London that the Bar Council is not a metrocentric organisation, out of touch with real life on Circuit... I will have things to say about the relationship between the Bar Council and the Circuits in the course of my year as Chairman,” he added.
MacDonald committed to discussions with the Legal Aid Agency “about a means by which the Bar can be fairly treated in the allocation of work” and added a note of caution on “the rise of the [unregulated] McKenzie friend beyond any function they were supposed to meet”. He expressed concern for the future of London as a global centre of legal excellence in the wake of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
“Our pre-eminence has been hard won. It can so easily be lost. I am really concerned that the changes brought about by LASPO both in terms of access to justice and also to restrictions on the ability of the citizen to challenge, by judicial review, the rectitude of Government decision, will have far-reaching consequences on the reputation of the justice system of England and Wales.”
MacDonald, in post from 1 January 2015, practises in Leeds, where he is co-Head of Chambers at New Park Chambers and was a former Leader of the North-Eastern Circuit. Nicholas Lavender QC returns to practice commercial law from Serle Court. Maura McGowan QC was appointed to the High Court Bench in October 2014.
“It was the application of reason and persuasion together with an implacable courtesy throughout. But this time, unlike the many previous occasions upon which we have fought similar battles, the persuasive words were backed up by action,” he said.
MacDonald summarised the position on fees: “The Bar has endured successive fee cuts and we have done our bit”; there was “growing recognition that rock bottom has been reached” and negotiations with Government were now proceeding with “cordiality and calm engagement”. “We have cut the Gordian knot [on] VHCCs [and] are proceeding on the basis of individual contracts tailored to the needs of the case,” whilst discussions take place on a replacement of the old system.
Panels drawn from the CBA and the Circuits will be consulted on any proposals on the re-structuring of fees under the Advocates Graduated Fee Scheme. “Never again will we hear the complaint from the Bar that it was not consulted about new fee schemes until it was much too late. The new system brings a representative selection of barristers into the process as active participants in the negotiation process,” MacDonald said.
“The new system should [also] help to persuade those who do not practise in London that the Bar Council is not a metrocentric organisation, out of touch with real life on Circuit... I will have things to say about the relationship between the Bar Council and the Circuits in the course of my year as Chairman,” he added.
MacDonald committed to discussions with the Legal Aid Agency “about a means by which the Bar can be fairly treated in the allocation of work” and added a note of caution on “the rise of the [unregulated] McKenzie friend beyond any function they were supposed to meet”. He expressed concern for the future of London as a global centre of legal excellence in the wake of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
“Our pre-eminence has been hard won. It can so easily be lost. I am really concerned that the changes brought about by LASPO both in terms of access to justice and also to restrictions on the ability of the citizen to challenge, by judicial review, the rectitude of Government decision, will have far-reaching consequences on the reputation of the justice system of England and Wales.”
MacDonald, in post from 1 January 2015, practises in Leeds, where he is co-Head of Chambers at New Park Chambers and was a former Leader of the North-Eastern Circuit. Nicholas Lavender QC returns to practice commercial law from Serle Court. Maura McGowan QC was appointed to the High Court Bench in October 2014.
Chairman of the Bar, Alistair MacDonald QC, has pledged to “continue the excellent work” started by his predecessors Maura McGowan QC and outgoing Chairman, Nicholas Lavender QC, in preventing further cuts to legal aid, in order to defend a “proud and independent profession”.
His inaugural speech on 8 December paid tribute to the “united voice of the profession” in the form of the Criminal Bar Association, Bar Council and Circuit Leaders, and the “determination and courage of the Bar” in resisting “what would have been disastrous changes, had they been implemented”.
Making a move from the Bar to a career in governance: Maria Brookes outlines three good reasons to switch and how to do it
Inés Rivera explains how speech recognition can help barristers create accurate documentation faster
What should barristers be doing on the personal finance front ahead of the end of the tax year on 5 April? Julian Morgan of Fleet Street Wealth answers your questions
Are you ready to embark on this arduous but potentially rewarding journey? Julie Gottlieb of Sherwood PSF Consulting provides a self-examination checklist, hints and tips to help you prepare for a future application
Unlocking your aged debt to augment cash flow in one easy step… By Philip N Bristow of Vector Professions Finance
The journey from a small village in Nepal to international law professor and UN Special Rapporteur for Human Rights: Admas Habteslasie talks to Surya Subedi QC (Hon)
The Westminster Commission on Miscarriages of Justice, set up to revisit the work of the CCRC after 25 years of operation, identified serious issues that risk miscarriages of justice remaining unidentified or unremedied. By Edward Garnier QC Michelle Nelson QC
Unsparing in his criticism, the former Attorney General reflects on recent events in government and his own experience of being chief legal adviser. Interview by Anthony Inglese CB
Making a move from the Bar to a career in governance: Maria Brookes outlines three good reasons to switch and how to do it
Sports coaches will be caught by a change in the law that addresses the disparity in treatment for 16- to 17-year-olds, writes Cameron Brown QC
