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08 July 2022
Issue: 7986 / Categories: Legal News , Profession , Criminal
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Crime does not pay

Criminal courts have ground to a halt for the second week running as criminal barristers continued their strike

Barristers in wigs and gowns brandishing placards with slogans, ‘Crime does not pay’ and ‘Legal aid needs first aid’, made for a distinctive picket line outside the Old Bailey and other Crown Courts. The walkouts, which will increase by one day each week then switch to every other week, have attracted national media attention and high levels of support from outside the profession.

Solicitors are also considering striking―the London Criminal Courts Solicitors Association (LCCSA) was due to close its ballot this week on whether to refuse to cover duty slots at police stations and magistrate’s courts. Many solicitors are already refusing to take on burglary and other low-paid work. LCCSA president Hesham Puri said action could begin as early as next week.

Last week, the Ministry of Justice (MoJ) confirmed legislation will be laid in Parliament by 21 July to increase fees paid under the Advocates' Graduated Fee Scheme (AGFS) by 15% from 30 September 2022. It also set out plans to respond to Sir Christopher Bellamy’s criminal legal aid review―which urged an immediate 15% rise in fees as a minimum―in full in the autumn, including ‘details on the longer-term funding and structural graduated fee schemes reform’, which may result in further increases. Criminal law solicitors will receive an extra 9% in fees from September.

However, Jo Sidhu QC, chair, and other executive members of the Criminal Bar Association (CBA), said: ‘Nothing has changed.

‘The Criminal Bar has known the government’s position for months, and resoundingly rejected it when 81% of us voted for days of action. That 15% will only apply to new representation orders from October 2022.

‘Therefore, criminal barristers would not expect to receive the benefit of the 15% increase until late 2023/24 because it would not apply to the 58,000 cases in the backlog.’

The CBA is calling for a 25% increase. It disputes the MoJ’s claim that legal and technical reasons prevent any increase attaching to current cases in the backlog, and has received advice from two QCs that it is lawful to backdate any increase to current representation orders.
Issue: 7986 / Categories: Legal News , Profession , Criminal
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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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