*/
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 4.5 per cent to all Advocates Graduated Fees Scheme (“AGFS”) payments from 27 April, and further cuts of 4.5 per cent each for the next two consecutive years.
Cases lasting for periods up to and including 60 days will be funded under the AGFS scheme with effect from 14 July. Refreshers after 40 days will be paid at half the full rate. Very High Cost Cases funding will still apply if the case extends beyond 60 days.
Paul Mendelle QC, Chair of the Criminal Bar Association, said: “The mood at the criminal Bar is one of anger, bitterness and frustration.
“The 13.5 per cent cut to AGFS will all but wipe out the modest Carter rises of 2007 which themselves did little more than restore the value of fees that had been unchanged for a decade, ten years in which their true value had been eroded by both inflation and the burden of the extra unpaid work imposed on us. The extension of AGFS to 60 days while refreshers after 40 days remain at half the full rate is just plain irrational and will unfairly penalise those who undertake longer cases.”
Paul Mendelle QC and Bar Chairman, Nick Green QC, hit out in a joint letter to barristers at the speed with which the changes were introduced—six days after the 1 April closing date of the consultation on “Reforming Advocates Graduated Fees”—and questioned whether the consultation was “genuine”.
“It might not surprise you that we were not offered the minimal courtesy of a simple letter beforehand to notify us of these changes,” they wrote, “and you might consider that the time which elapsed between the close of the consultation and the decision to lay the SI indicates a scant regard for the content of the submissions which were made to the government.”
The Bar Council has now instructed leading counsel to advise on the case for a judicial review—although this is unlikely to go ahead until after the General Election.
The MoJ said the phased introduction of the fee reforms—rather than implementing a one-off cut of 17.9 per cent, which was another proposed option—would reduce the impact on more junior advocates and give advocates more time to adjust to the changes.
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 4.5 per cent to all Advocates Graduated Fees Scheme (“AGFS”) payments from 27 April, and further cuts of 4.5 per cent each for the next two consecutive years.
Cases lasting for periods up to and including 60 days will be funded under the AGFS scheme with effect from 14 July. Refreshers after 40 days will be paid at half the full rate. Very High Cost Cases funding will still apply if the case extends beyond 60 days.
Paul Mendelle QC, Chair of the Criminal Bar Association, said: “The mood at the criminal Bar is one of anger, bitterness and frustration.
“The 13.5 per cent cut to AGFS will all but wipe out the modest Carter rises of 2007 which themselves did little more than restore the value of fees that had been unchanged for a decade, ten years in which their true value had been eroded by both inflation and the burden of the extra unpaid work imposed on us. The extension of AGFS to 60 days while refreshers after 40 days remain at half the full rate is just plain irrational and will unfairly penalise those who undertake longer cases.”
Paul Mendelle QC and Bar Chairman, Nick Green QC, hit out in a joint letter to barristers at the speed with which the changes were introduced—six days after the 1 April closing date of the consultation on “Reforming Advocates Graduated Fees”—and questioned whether the consultation was “genuine”.
“It might not surprise you that we were not offered the minimal courtesy of a simple letter beforehand to notify us of these changes,” they wrote, “and you might consider that the time which elapsed between the close of the consultation and the decision to lay the SI indicates a scant regard for the content of the submissions which were made to the government.”
The Bar Council has now instructed leading counsel to advise on the case for a judicial review—although this is unlikely to go ahead until after the General Election.
The MoJ said the phased introduction of the fee reforms—rather than implementing a one-off cut of 17.9 per cent, which was another proposed option—would reduce the impact on more junior advocates and give advocates more time to adjust to the changes.
Chair of the Bar reflects on 2025
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
Q&A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
Revolt Cycling in Holborn, London’s first sustainable fitness studio, invites barristers to join the revolution – turning pedal power into clean energy
Rachel Davenport, Co-founder and Director at AlphaBiolabs, reflects on how the company’s Giving Back ethos continues to make a difference to communities across the UK
By Marie Law, Director of Toxicology at AlphaBiolabs
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Professor Dominic Regan and Seán Jones KC present their best buys for this holiday season
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB
Little has changed since Burns v Burns . Cohabiting couples deserve better than to be left on the blasted heath with the existing witch’s brew for another four decades, argues Christopher Stirling
Pointillism, radical politics and social conscience. Review by Stephen Cragg KC
