Chair's Column

Two hundred years ago, on the night of 12/13 September 1814, British troops attacked the city of Baltimore and British ships bombarded the city’s defences, especially Fort McHenry.

The unsuccessful attack inspired a Baltimore lawyer, Francis Scott Key, to write a poem on the following day.

With the 60th anniversary of the YBC, reflections on past battles for the Bar; the history behind the formation of COMBAR and the introduction of BARCO; the urgent need  for a recorder competition; Magna Carta; and weathering the storms in the fight for justice.

In recent weeks I have attended two birthday celebrations, one marking the 60th anniversary of the Bar Council’s Young Barristers’ Committee (YBC) and the other the 25th anniversary of the Commercial Bar Association (COMBAR). Each gave cause to reflect on the unhappy circumstances in which a now flourishing organisation was formed. The YBC was formed in 1954, in the aftermath of the report of a committee chaired by the Master of the Rolls, Sir Raymond Evershed. That report, while conceding that the junior Bar  were underpaid for important parts of  their work,  recommended a number of reductions in counsel’s fees. At a time when the Bar was declining in numbers, it is no surprise that fears were expressed for its survival.

The Government’s “chilling” judicial review reforms revive a centuries-old debate on the balance of power; the future of education and training at the Bar; and a way forward on criminal legal aid.

14 May will mark the 750th anniversary of the battle of Lewes, when Simon de Montfort and his fellow barons defeated Henry III and captured not only Henry, but also Henry’s son, the future Edward I.

The necessity for Government to heed history and recognise the limits of its powers; the Bar’s three year engagement with the Government on fees; the value of the Fees Collection Office; and the International Rule of Law lecture.

One thousand years ago, on 3 February 1014, Sweyn Forkbeard died and was succeeded by his son, Canute. After a few years spent securing his position as King of England, Canute went on to reign until 1035. Historians agree that he ruled well but, as often happens with public figures, he is remembered today for one thing only – the day he commanded the tide not to come in.

As the year in office draws to a close, final reflections both on how difficult these twelve months have been for the Bar, and on how much there is for all in the profession to be proud of and to fight for.

Contributor
Maura McGowan QC, Chairman of the Bar

2013 has been, as everyone keeps telling me, a very difficult year. We have seen the implementation of LASPO, which has denied legal aid to very many vulnerable people seeking to enforce or defend their rights in family, housing, employment and immigration cases. It has seen two consultations on legal aid funding for criminal work which demonstrate a stubborn commitment by the Ministry of Justice to cut fees, irrespective of the damage done to a legal profession which is the envy of the world, and in total defiance of the fact that fees in some areas of crime have already been cut by 40%. These cuts are planned against a background in which the legal aid spend in crime was £1.1 billion in 2011 and has since fallen to £0.9 billion in 2012. Of course, nobody can depend on the fact that the rate of crime will continue to fall but a very substantial part of that saving has been achieved by the previous cuts in fees. That is being ignored. We continue to argue the case as vigorously as we can.