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A scheme for fixed fee “exceptional case contracts” has been agreed between Bar leaders and the Ministry of Justice, enabling six of the seven outstanding very high cost case (VHCC) trials to proceed.
The one-off special arrangement was confirmed in a joint statement issued by the Bar Council, Criminal Bar Association (CBA), Circuit Leaders and the Ministry of Justice on 7 July: “Arrangements have been put in place, under which self-employed barristers have been instructed to represent defendants in a number of VHCCs.
“Given that normal working relationships have been restored, the Government has confirmed that there is no need to expand the PDS further,” the statement confirmed. Discussions are to be resumed “as soon as possible” on alternatives to the VHCC and Advocates Graduated Fee Schemes, and the long-term future of criminal advocacy.
CBA Chairman, Nigel Lithman QC, said that the barristers concerned had “signalled their content with the outcome negotiated on their behalf and consider these fees to be appropriate and acceptable”. This was always “a commercial decision by those offered these cases” and is “not an issue on which the wider membership of the Criminal Bar can impose their views,” he said.
“But for the rest of the independent Criminal Bar,” Lithman added, “this agreement acknowledges that it remains vitally important that those most experienced and best placed to do this work continue to do so”, removing the need for PDS expansion, shoring up choice of representation and restoring confidence in the UK justice system.
The contracts comprise a brief fee and refreshers, avoiding the administrative requirements of the existing VHCC scheme.
“Given that normal working relationships have been restored, the Government has confirmed that there is no need to expand the PDS further,” the statement confirmed. Discussions are to be resumed “as soon as possible” on alternatives to the VHCC and Advocates Graduated Fee Schemes, and the long-term future of criminal advocacy.
CBA Chairman, Nigel Lithman QC, said that the barristers concerned had “signalled their content with the outcome negotiated on their behalf and consider these fees to be appropriate and acceptable”. This was always “a commercial decision by those offered these cases” and is “not an issue on which the wider membership of the Criminal Bar can impose their views,” he said.
“But for the rest of the independent Criminal Bar,” Lithman added, “this agreement acknowledges that it remains vitally important that those most experienced and best placed to do this work continue to do so”, removing the need for PDS expansion, shoring up choice of representation and restoring confidence in the UK justice system.
The contracts comprise a brief fee and refreshers, avoiding the administrative requirements of the existing VHCC scheme.
A scheme for fixed fee “exceptional case contracts” has been agreed between Bar leaders and the Ministry of Justice, enabling six of the seven outstanding very high cost case (VHCC) trials to proceed.
The one-off special arrangement was confirmed in a joint statement issued by the Bar Council, Criminal Bar Association (CBA), Circuit Leaders and the Ministry of Justice on 7 July: “Arrangements have been put in place, under which self-employed barristers have been instructed to represent defendants in a number of VHCCs.
Far-ranging month for the Chair of the Bar
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
In this wide-ranging interview, Professor Jo Delahunty KC, Family Law KC of the Year, talks to Anthony Inglese CB about the values that shaped her, the moment she found her vocation and, in an intensely personal call to arms, why time is running out for the legal aid Bar
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Thomas Roe KC and Andrew O’Kola respond to an article by Dr Leonardo Raznovich (Counsel , October 2025) – ‘Privy Council colonialism? Piercing the constitutional veil’
Chair of the Bar reports back
The client’s best interests could be well-served by sharing the advocacy with junior counsel more often than you might think – Naomi Cunningham and Charlotte Eves explore some less orthodox ways to divide the speaking role
