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31 May 2018
Issue: 7795 / Categories: Legal News
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Criminal bar considers offer in stand off with government

Criminal barristers have suspended their ‘no returns’ policy until 12 June, pending consideration of a conciliatory offer made by the Ministry of Justice.

The Criminal Bar has been refusing ‘returns’ work—where one advocate covers for another who has been delayed or called away—since 1 April in protest against changes to the Advocates Graduated Fee Scheme (AGFS) which would cut fee income.

A heads of chambers meeting was scheduled for this week to discuss the offer. In her weekly update, Angela Rafferty QC, Criminal Bar Chair, said barristers will be balloted following the meeting.

The offer on the table is an extra £15m investment, of which £8m will go to fraud, drug and high-page sex cases, £4.5m will be earmarked for junior fees, and there will be a 1% rise across all fees in April 2019. The scheme will be reviewed within 18 months.

Meanwhile, the Law Society is bringing a judicial review against cuts to the Litigators' Graduated Fee Scheme (LGFS), which would reduce payments for prosecution evidence in Crown Court cases from 10,000 to 6,000 pages.

Law Society president Joe Egan said: ‘We’re pleased the Ministry of Justice (MoJ) has recognised the argument that there needs to be proper funding in the criminal justice system, as evidenced by the proposed release of additional funds for legally aided work.

'We hope the MoJ will now withdraw their opposition to the Law Society’s judicial review for the LGFS cuts. We look forward to a similar announcement in relation to the work carried out by solicitors, including the withdrawal of the most recent pages of prosecution evidence cut.’

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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