*/
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 Council have now written, in accordance with the Pre-Action Protocol for Judicial Review Claims, to the Legal Aid Minister, Lord Bach, and to the Chairman of the Legal Services Commission (“LSC”), Sir Bill Callaghan, in order to advance proceedings for judicial review.
The Bar Council and Criminal Bar Association say they have not been given enough information to respond to the LSC consultation on VHCCs. They asked the government to combine the deadlines for responses to these two consultations and to join them to the timetable for the response to the proposed consultation on a single graduated fee for Crown Court cases.
Nick Green QC, Chairman of the Bar, said: “The Bar Council asked the Ministry of Justice and the LSC to adopt a co-ordinated and fair approach to their decision-making on the very important matters which are the subject of these consultations.
“The government has rejected our request to co-ordinate the consultation timetables and refused to supply us with the information for which we asked to enable the Bar to respond to the two current consultations. These are inextricably linked to an, as yet, unpublished third consultation. “The principal basis of our claim will be that the consultation exercise is unfair and, in our view, unlawful.”
A joint statement from the MoJ and LSC said: “[We] received a letter from the Bar Council and Criminal Bar Association on 21 January requesting the deadlines for our current consultations on advocates graduated fees and VHCCs be extended.
“We consider that the current deadlines give adequate time for stakeholders to respond properly and fully to both consultations. We hope the Bar Council and Criminal Bar Association will reconsider their position. “The proposals to pilot a single graduated fee will be consulted on in due course.”
The Bar Council and Criminal Bar Association say they have not been given enough information to respond to the LSC consultation on VHCCs. They asked the government to combine the deadlines for responses to these two consultations and to join them to the timetable for the response to the proposed consultation on a single graduated fee for Crown Court cases.
Nick Green QC, Chairman of the Bar, said: “The Bar Council asked the Ministry of Justice and the LSC to adopt a co-ordinated and fair approach to their decision-making on the very important matters which are the subject of these consultations.
“The government has rejected our request to co-ordinate the consultation timetables and refused to supply us with the information for which we asked to enable the Bar to respond to the two current consultations. These are inextricably linked to an, as yet, unpublished third consultation. “The principal basis of our claim will be that the consultation exercise is unfair and, in our view, unlawful.”
A joint statement from the MoJ and LSC said: “[We] received a letter from the Bar Council and Criminal Bar Association on 21 January requesting the deadlines for our current consultations on advocates graduated fees and VHCCs be extended.
“We consider that the current deadlines give adequate time for stakeholders to respond properly and fully to both consultations. We hope the Bar Council and Criminal Bar Association will reconsider their position. “The proposals to pilot a single graduated fee will be consulted on in due course.”
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 Council have now written, in accordance with the Pre-Action Protocol for Judicial Review Claims, to the Legal Aid Minister, Lord Bach, and to the Chairman of the Legal Services Commission (“LSC”), Sir Bill Callaghan, in order to advance proceedings for judicial review.
As we look ahead to Justice Week 2022, the sustainability of the Criminal Bar remains a critical issue for the government to address
Opportunity for female sopranos/contraltos in secondary education, or who have recently finished secondary education but have not yet begun tertiary education. Eligibility includes children of members of the Bar
Fear of the collection and test process is a common factor among clients, especially among vulnerable adults in complex family law cases. Cansford Laboratories shares some tips to help the testing process run as smoothly as possible
Casey Randall explains how complex relationship DNA tests can best be used – and interpreted – by counsel
Casey Randall, Head of DNA at AlphaBiolabs, explores what barristers need to know about DNA testing for immigration, including when a client might wish to submit DNA evidence, and which relationship tests are best for immigration applications
Julian Morgan reminds barristers of the top five areas to consider before 5 April
The case ofR v Brecanihas complicated matters for defence lawyers. Emma Fielding talks to gang culture expert, Dr Simon Harding about County Lines, exploitation and modern slavery
Barristers are particularly at risk of burnout because of the nature of our work and our approach to it but it doesnt have to be this way. Jade Bucklow explores how culture, work and lifestyle changes can rejuvinate our mental health...
Professionally embarrassed? The circumstances in which criminal barristers may return instructions to appear at trial have become clearer following the Court of Appeal judgment inR v Daniels By Abigail Bright
The Schools Consent Project (SCP) is educating tens of thousands of teenagers about the law around consent to challenge and change what is now endemic behaviour. Here, its founder, barrister Kate Parker talks to Chris Henley QC about SCPs work and its association with Jodie Comers West End playPrima Facie, in which she plays a criminal barrister who is sexually assaulted
As we look ahead to Justice Week 2022, the sustainability of the Criminal Bar remains a critical issue for the government to address
