MoJ accused of "desperate" attempt to divide & rule
The Criminal Bar has dropped out of planned direct action by criminal lawyers after the Ministry of Justice agreed a deal to postpone a 6% cut for Crown Court work by a year.
However, criminal law solicitors plan to go ahead with the two-day protest on Monday and Tuesday, against devastating cuts of 17.5% imposed over two years and the potential reduction of criminal law firms from 1,600 to 400.
The Criminal Bar Association (CBA) decision led to immediate expressions of regret from both barristers and solicitors on Twitter and online comment forums.
Nicola Hill, president of the London Criminal Court Solicitors Association (LCCSA) said the decision of Justice Secretary Chris Grayling “to divide and rule the legal profession is a desperate move. He has struck this ‘deal’ with the bar just days before two pillars of the justice system, solicitors and probation staff, are about to walk out over two days, causing major disruption to courts around the country.
“He is clearly starting to understand the extent of the anger and frustration running through the core of the entire criminal justice system thanks to destructive cuts and overhauls. As all legal professionals have said time and again this slash and burn approach affects not just the professionals but more importantly justice.”
Grayling also agreed to make an extra £9m available to fund the introduction of interim payments for solicitors from this summer, a year earlier than planned.
Des Hudson, chief executive of the Law Society, responded: “The additional funding means that solicitors will be allowed to make a claim for payment following an effective plea and case management hearing (PCMH).
“The change will ease cashflow for all providers during 2014/15 and provide some assistance to our hard-pressed members who are facing dire circumstances and battling to deal with the 8.75% cut which came into effect last week.”
CBA chair Nigel Lithman QC says: “The CBA welcomes the government's agreement to suspend all fee cuts for all Graduated Fee cases until at least the summer of 2015.
“This gives 89% of the Criminal Bar (those that do not do VHCC cases) what they have demanded and has been achieved by their resolve.
“In relation to VHCC cases, whilst it is for each individual barrister to choose what work they undertake, there is no objection in principle to barristers who want to work on VHCCs undertaking such cases if they choose to do so. The CBA welcomes the government's agreement to work with the profession to consider better alternatives to the VHCC scheme, which will include examination of the Bars' proposal of GFS Plus as soon as normal working relationships are restored.
“Consequently, the CBA has decided to suspend its current action including the No Returns Policy to allow constructive engagement with the government to continue and the restoration of normal working practices within the CJS. We hope that constructive engagement can produce further sensible conclusions, not only with the criminal bar but with also the criminal solicitors who keep the system running smoothly up and down the country. The CBA remains supportive of the stance taken by solicitors and will continue to engage with all parties concerned about the future of the CJS.”
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