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A half-day of “non-attendance” on the first day of term has been announced by the Criminal Bar Association (CBA) as a “reasonable and proportionate response to the conduct of the Ministry of Justice” and a “glimpse of the future if our profession is dismantled into non-existence”.
CBA Chair Nigel Lithman QC, who “as a matter of courtesy” had informed the Lord Chief Justice, Recorder of London, Common Serjeant and Director of Public Prosecutions, confirmed: “Many members of the criminal Bar intend to attend a series of meetings across the country on Monday 6 January 2014 so that they can discuss their futures. They will be ready to resume by 2pm.”
“It is not a decision that has been taken lightly,” he added, and it would be “a matter for each individual barrister to decide whether he or she will protest in this way”.
The Circuit Leaders and CBA have drafted a protocol (see www.criminalbar.com) to ensure “minimum inconvenience” to courts and clients. It emphasised that those in a case involving the young or vulnerable should attend court, and those concerned that their lay client’s liberty may be at risk should ensure that their professional client’s representative could attend “until such time as you will be present”.
A MoJ spokesperson said in response: “Barristers in VHCCs are well-rewarded. Around two-thirds receive fee incomes of over £100,000, and often well over that. Even after our changes they would continue to be generously paid – both for VHCCs and in advocates graduated fee scheme cases. We have consulted on two options for reducing wider advocacy fees – including a brand new model based on the CPS system specifically requested by barristers – eg the reduction in trial fees suggested were options of 8% or 11%. We are carefully considering the responses to the consultation on those options before reaching a final decision.
“Disruption to court schedules is unnecessary, and barristers choosing to do so inconvenience their clients and hardworking taxpayers.”
The ‘stay-away’ is the latest step in the CBA’s protest against fee cuts. It follows refusal to enter into new VHCC contracts and return of existing contracts under the 30% reduction in remuneration terms.
CBA Chair Nigel Lithman QC, who “as a matter of courtesy” had informed the Lord Chief Justice, Recorder of London, Common Serjeant and Director of Public Prosecutions, confirmed: “Many members of the criminal Bar intend to attend a series of meetings across the country on Monday 6 January 2014 so that they can discuss their futures. They will be ready to resume by 2pm.”
“It is not a decision that has been taken lightly,” he added, and it would be “a matter for each individual barrister to decide whether he or she will protest in this way”.
The Circuit Leaders and CBA have drafted a protocol (see www.criminalbar.com) to ensure “minimum inconvenience” to courts and clients. It emphasised that those in a case involving the young or vulnerable should attend court, and those concerned that their lay client’s liberty may be at risk should ensure that their professional client’s representative could attend “until such time as you will be present”.
A MoJ spokesperson said in response: “Barristers in VHCCs are well-rewarded. Around two-thirds receive fee incomes of over £100,000, and often well over that. Even after our changes they would continue to be generously paid – both for VHCCs and in advocates graduated fee scheme cases. We have consulted on two options for reducing wider advocacy fees – including a brand new model based on the CPS system specifically requested by barristers – eg the reduction in trial fees suggested were options of 8% or 11%. We are carefully considering the responses to the consultation on those options before reaching a final decision.
“Disruption to court schedules is unnecessary, and barristers choosing to do so inconvenience their clients and hardworking taxpayers.”
The ‘stay-away’ is the latest step in the CBA’s protest against fee cuts. It follows refusal to enter into new VHCC contracts and return of existing contracts under the 30% reduction in remuneration terms.
A half-day of “non-attendance” on the first day of term has been announced by the Criminal Bar Association (CBA) as a “reasonable and proportionate response to the conduct of the Ministry of Justice” and a “glimpse of the future if our profession is dismantled into non-existence”.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
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Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
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The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
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Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
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