Lawyers stage second cuts walkout

Written By Unknown on Jumat, 07 Maret 2014 | 19.21

7 March 2014 Last updated at 12:09
Chris Grayling effigy

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Celebrities including actress Maxine Peake joined the protest in Westminster

Thousands of lawyers opposed to legal aid cuts in England and Wales are staging their second walkout this year.

The Criminal Bar Association (CBA) called the cuts "crippling" ahead of the action, which is set to affect many trials on Friday.

The government is pressing ahead with fee cuts for barristers and solicitors in an effort to save £220m from the £2bn annual cost of legal aid.

It has said reform of the "expensive" system is vital in austere times.

Thousands of criminal case lawyers staged a first walkout in January, causing widespread disruption.

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Analysis

In addition to today's 'strike' barristers are escalating their industrial action by refusing to accept so called 'returned briefs' in criminal cases for up to a month.

This is likely to have a significant impact.

The length of criminal cases cannot always be accurately predicted. If one takes longer than expected then the barrister concerned cannot do the next case he or she was due to do.

That is a fairly frequent occurrence; the brief is returned to another barrister who will take it.

Accepting 'returns' is a critical means of oiling the wheels of the criminal justice system and keeping it running smoothly. It will not happen in the majority of instances over the next month.

It will affect pre-trial case management hearings, as well as trials and sentencing hearings.

Attitudes are hardening in this increasingly bitter dispute between the legal profession and the government.

Trials affected

On Friday, barristers will not attend proceedings at major crown courts in cities including London, Manchester, Birmingham and Liverpool Hundreds of lawyers marched to Westminster in protest.

They were due to be addressed by speakers including former Blur drummer turned solicitor Dave Rowntree, the mother of Gary McKinnon, who narrowly avoided extradition to the US, and Paddy Hill, one of the Birmingham Six.

High-profile trials are set to be affected, including the trial of the man accused of killing PC Keith Blakelock, a charge he denies.

BBC legal correspondent Clive Coleman said Friday's protest was an escalation of January's action.

Barristers and solicitors are not calling it a strike, but that is how it will be seen, our correspondent added.

Of the roughly £2bn legal aid bill to taxpayers every year, half goes on criminal defence and the rest on civil cases.

Government proposals - being phased in from April - to cut that by £220m include cutting fees in complex, high-cost cases by 30%, and in other crown court work by up to 18%.

Nicola Hill, President of the LCCSA

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Solicitor Nicola Hill: "Justice will become a luxury"

'Third-rate advice'

The CBA and the London Criminal Courts Solicitors Association (LCCSA) say the fee cuts are financially unnecessary and will cause significant damage to the criminal justice system by driving skilled and experienced lawyers away from publicly-funded criminal work.

LCCSA president Nicola Hill said the cuts would mean hundreds of law firms would "rapidly go to the wall", and others would sack experienced solicitors and replace them with "unqualified and cheap" ones.

She added: "It's the ordinary people, those we don't hear about, who don't make the headlines, who will have to accept third-rate advice."

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"Start Quote

... the MoJ has no choice but to significantly reduce the amount of money it spends every year"

End Quote A spokeswoman for the Ministry of Justice

The CBA's Nigel Lithman QC said: "If these cuts are not addressed, then the British justice system, which is held in such high esteem around the world, will cease to exist as we know it and the British public can no longer expect true justice to be delivered."

He told BBC Radio 4's Today programme: "The effect will be crippling. It means people of social diversity will not be able to come to the Bar, will not be able to go into criminal law."

He added the effect of payment cuts to solicitors would mean "one third of them will go out of business and people coming from university will simply choose not to go into the criminal justice system because they won't be able to afford to".

A spokeswoman for the Ministry of Justice (MoJ) said that at about £2bn, England and Wales had "one of the most expensive" legal aid systems in the world.

'Unprecedented challenge'

"As everybody knows, this government is dealing with an unprecedented financial challenge and the MoJ has no choice but to significantly reduce the amount of money it spends every year," she added.

"We have spoken at length over the past year with solicitors and barristers about the reforms and our final plans reflect many of the changes they asked for.

"It does mean fee reductions, but it also includes a series of measures to ease their effect on lawyers."

She said the plans represented an average 2% reduction for barristers at the lower end of the fee income scale and an average of 6% "more generally".

The CBA said many junior barristers faced rates as low as £20 a day, once the hours of preparation, time in court and chambers' fees were factored in, as well as receiving no holiday pay, no pension provision and no sickness or maternity benefits.


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