However, the action continues, with criminal law barristers declining to attend court and refusing to accept new instructions or returns.
CBA chair, Kirsty Brimelow KC said: ‘The action is having substantial impact and resolution is a logical government step.
‘The crisis is not caused by barristers. On an economic level alone, the ongoing cost to the criminal justice system of additional hearings and adjournment of trials and empty courtrooms is likely to outstrip the amount required to resolve this action.’
A number of senior judges, including in Bristol, Isleworth, Bolton, Leicester, Lincoln, Woolwich and Manchester (Minshull Street) have refused to extend custody time limits in cases where there is no defence barrister due to the ongoing action. Brimelow said: ‘Their judgments are clear that the CBA action increased gradually, giving government plenty of space and time to resolve it.
‘The judgments spell out that the government has had ample time to resolve the legal aid dispute and ongoing crisis in the criminal justice system.’
Brimelow and other representatives from the Bar are due to meet with the Lord Chancellor, Brandon Lewis next week to discuss the dispute.
Criminal barristers had escalated their protests to indefinite action, on 5 September, having begun by refusing returns in April, and moving to incrementally increasing strike action in June.
They are calling for a 25% increase in legal aid fees for defence work, and demand the government ‘at least’ implement with immediate effect the minimum 15% increase recommended by Sir Christopher Bellamy’s criminal legal aid review (CLAR).
However, the Ministry of Justice has so far promised only a 15% increase in October, which the CBA says would not reach barristers’ pockets until late 2023.
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