header-logo header-logo

14 June 2018
Issue: 7797 / Categories: Legal News , Legal aid focus , Criminal
printer mail-detail

Bar votes to halt protest action

Close vote to end action reflects ‘frustration, anger & concern’

Criminal barristers have voted by a narrow majority to end their protest action and accept the government’s £15m offer on legal aid investment.

Since 1 April, the Criminal Bar has been refusing to take on new cases under the advocates graduated fee scheme (AGFS) in protest at fee cuts for legal aid work. However, the protest came to an end this week when a poll of 3,038 barristers resulted in 1,566 (51.55%) voting to accept the government’s concession and 1,472 (48.45%) voting against.

Barristers had been poised to escalate their protest by refusing returns—where barristers pass on cases due to a timetable clash—when the Ministry of Justice offered an extra £15m. The offer comprises an extra £8m for fraud, drug and child abuse cases, a one per cent increase in the AGFS from next April (worth about £2.5m) and an extra £4.5m for junior barristers.

The Criminal Bar Association (CBA) paused its ‘no returns’ action until its members could consider the offer.

Announcing the results of the vote, Angela Rafferty QC, chair of the CBA, said: ‘We still face exceptional difficulties, as do our solicitor colleagues. This will not fix the terrible conditions, the unhealthy and unreasonably onerous working practices and the general decrepitude.

‘However, if we consider it a start we can build on it. The fact we have achieved this small gain shows that we as a profession are both capable and motivated to unite and unite we will if things do not continue to change in the near future.’

Andrew Walker QC, Chair of the Bar, and Richard Atkins QC, Vice-Chair of the Bar, said: ‘The situation in the criminal justice system remains dire.

‘This vote will bring action to an end in the short term, but let there be no doubt that the closeness of the vote reflects the very real frustration, anger and concern for the future across the Criminal Bar. Those voting to accept the Ministry of Justice’s (MoJ) proposal did not do so because they thought that it was a long term solution, any more than did those who voted to reject it. The changes are just a patch repair.’

Issue: 7797 / Categories: Legal News , Legal aid focus , Criminal
printer mail-details

MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
back-to-top-scroll