The protest, which has led to an unusual picket line of wigs and gowns, has been ongoing since April, led by the Criminal Bar Association (CBA). The barristers began by operating a ‘no returns’ policy, 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.
Criminal law solicitors will receive an extra 9% in fees from September.
Last week, nearly 80% of 2,273 CBA members voted to escalate the protest.
Mark Fenhalls QC, Chair of the Bar Council, said: ‘Members of the criminal Bar have been feeling mistreated, undervalued and overwhelmed for a decade or more.
‘Ministers must look again immediately at ways to fund the backlog cases and bring a resolution to this difficult situation.’
CBA chair Jo Sidhu QC said this week the next government should understand ‘we will not be deflected from achieving an outcome that safeguards the future sustainability of our criminal justice system.
‘Faithful to our members, that outcome must include an increase to our fees of 25%, payment for written work, a clear timetable for the implementation of the CLAR recommendations on wasted and special preparation, a second brief fee for section 28 cases, and a pay review body that protects us from the ravages of inflation,’ he said.’
Sidhu will hand over the CBA reins to current vice chair Kirsty Brimelow QC in September. Read Sidhu's final message here.