*/
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.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
A comparison – Dan Monaghan, Head of DWF Chambers, invites two viewpoints
And if not, why not? asks Louise Crush of Westgate Wealth Management
Marie Law, Head of Toxicology at AlphaBiolabs, discusses the many benefits of oral fluid drug testing for child welfare and protection matters
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier
