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| Grayling agrees legal aid truce with barristers over complex fraud trials | Grayling agrees legal aid truce with barristers over complex fraud trials |
| (25 days later) | |
| Barristers and the justice secretary, Chris Grayling, have agreed a temporary truce in a dispute that threatened to halt all complex fraud trials. | Barristers and the justice secretary, Chris Grayling, have agreed a temporary truce in a dispute that threatened to halt all complex fraud trials. |
| Amid taunts of a government climbdown, the Ministry of Justice said it was meeting its planned 30% savings in legal aid fees for what are known as Very High Cost Cases (VHCC) but agreed to make more generous payments at an earlier stage in court proceedings. | |
| The deal follows a refusal by expert barristers to handle such cases at reduced rates, the collapse of a land bank fraud trial and its subsequent reinstatement by the court of appeal. | The deal follows a refusal by expert barristers to handle such cases at reduced rates, the collapse of a land bank fraud trial and its subsequent reinstatement by the court of appeal. |
| The prime minister's brother, Alexander Cameron QC, at one stage appeared on behalf of the defendants, arguing that they could not receive a fair trial without adequate representation. | The prime minister's brother, Alexander Cameron QC, at one stage appeared on behalf of the defendants, arguing that they could not receive a fair trial without adequate representation. |
| Barristers have now agreed to return to work on complex fraud trials while the MoJ has promised not to recruit more lawyers to its Public Defenders Service (PDS) – dismissed as a strike-breaking initiative by advocates. More talks will be held in the coming months to find a more stable basis for future legal aid payments. | Barristers have now agreed to return to work on complex fraud trials while the MoJ has promised not to recruit more lawyers to its Public Defenders Service (PDS) – dismissed as a strike-breaking initiative by advocates. More talks will be held in the coming months to find a more stable basis for future legal aid payments. |
| Nigel Lithman QC, chairman of the Criminal Bar Association (CBA), said: "We are very pleased that the necessity for the most complex cases to be defended by the most able advocates has been recognised. | Nigel Lithman QC, chairman of the Criminal Bar Association (CBA), said: "We are very pleased that the necessity for the most complex cases to be defended by the most able advocates has been recognised. |
| "The fixed fees properly negotiated enable this agreement to have been reached. The UK will only attract business from abroad if it can provide a fair, just and effective system when litigation arises. | "The fixed fees properly negotiated enable this agreement to have been reached. The UK will only attract business from abroad if it can provide a fair, just and effective system when litigation arises. |
| "This has been a turbulent year for the independent criminal bar who have made it continually clear that they will only work for proper commercial rates. | "This has been a turbulent year for the independent criminal bar who have made it continually clear that they will only work for proper commercial rates. |
| "It is recognised by government and bar that the system whereby fees have been paid for these cases is over bureaucratic and needs to be replaced swiftly. | "It is recognised by government and bar that the system whereby fees have been paid for these cases is over bureaucratic and needs to be replaced swiftly. |
| "The government has pulled back from the brink of destroying something very precious. A legal aid system alongside of national health and state education is the third limb of a civilised society." | "The government has pulled back from the brink of destroying something very precious. A legal aid system alongside of national health and state education is the third limb of a civilised society." |
| The MoJ said: "Arrangements have been put in place, under which self-employed barristers have been instructed to represent defendants in a number of Very High Cost Cases. Given that normal working relationships have been restored, the government has confirmed that there is no need to expand the PDS further. | The MoJ said: "Arrangements have been put in place, under which self-employed barristers have been instructed to represent defendants in a number of Very High Cost Cases. Given that normal working relationships have been restored, the government has confirmed that there is no need to expand the PDS further. |
| "The Bar Council, together with the CBA and the circuit leaders, have agreed with the government to resume discussions as soon as possible on an alternative to the VHCC scheme and on the long-term future of criminal advocacy." | "The Bar Council, together with the CBA and the circuit leaders, have agreed with the government to resume discussions as soon as possible on an alternative to the VHCC scheme and on the long-term future of criminal advocacy." |
| The shadow justice minister, Sadiq Khan, said: "I welcome this massive climbdown. But the government got themselves into this mess through their ignorance and incompetence. Huge and complex trials were at risk of collapsing left, right and centre – damaging public confidence in the justice system. | The shadow justice minister, Sadiq Khan, said: "I welcome this massive climbdown. But the government got themselves into this mess through their ignorance and incompetence. Huge and complex trials were at risk of collapsing left, right and centre – damaging public confidence in the justice system. |
| "Although it is extremely humiliating for Chris Grayling to be forced to back down, it was the right decision to make. However, this is only a short-term sticking plaster designed to ensure forthcoming high-profile fraud trials don't collapse. There needs to be a proper solution found to ensuring our justice system serves everyone and that fair trials aren't the preserve of the rich only." | "Although it is extremely humiliating for Chris Grayling to be forced to back down, it was the right decision to make. However, this is only a short-term sticking plaster designed to ensure forthcoming high-profile fraud trials don't collapse. There needs to be a proper solution found to ensuring our justice system serves everyone and that fair trials aren't the preserve of the rich only." |
| Solicitors said the MoJ was following a policy of divide and rule. Bill Waddington, chair of the Criminal Law Solicitors' Association, said: "For years the government has been steadily chipping away at the fundamental right of equal access to justice. This deal will do no more than pause for a few days the relentless attack on our world-renowned justice system. Mr Grayling and the MoJ must abandon their fundamentally flawed approach to reform, and speak to solicitors as well. It is no use slashing and burning, then applying a sticking plaster when the inevitable cracks appear." | Solicitors said the MoJ was following a policy of divide and rule. Bill Waddington, chair of the Criminal Law Solicitors' Association, said: "For years the government has been steadily chipping away at the fundamental right of equal access to justice. This deal will do no more than pause for a few days the relentless attack on our world-renowned justice system. Mr Grayling and the MoJ must abandon their fundamentally flawed approach to reform, and speak to solicitors as well. It is no use slashing and burning, then applying a sticking plaster when the inevitable cracks appear." |
| Nicola Hill, president of the London Criminal Courts Solicitors' Association, said: "This latest deal between the bar and the MoJ appears to be an exercise in face-saving for the government. It isn't about maintaining high standards of justice in police stations and courts throughout this country. Those essential, 'nuts and bolts' parts of the criminal justice system are floundering in the face of wholesale cuts. Today's backroom deal with the bar excluded solicitors from negotiations yet again and fails to address the silent crisis simmering away in a strained and neglected system. | Nicola Hill, president of the London Criminal Courts Solicitors' Association, said: "This latest deal between the bar and the MoJ appears to be an exercise in face-saving for the government. It isn't about maintaining high standards of justice in police stations and courts throughout this country. Those essential, 'nuts and bolts' parts of the criminal justice system are floundering in the face of wholesale cuts. Today's backroom deal with the bar excluded solicitors from negotiations yet again and fails to address the silent crisis simmering away in a strained and neglected system. |
| "Mr Grayling shows no respect or understanding of the core workings of the criminal justice system. Whilst holding regular meetings behind closed doors with the bar, he refuses to engage with practising solicitor groups. Solicitors who do publicly funded defence work are the backbone of the justice system. Day in, day out they represent people accused of a crime from police station to magistrates and often crown court. Solicitors' skills, expertise and dedication are essential to ensure maximum efficiency and a just process. But Mr Grayling ignores that." | "Mr Grayling shows no respect or understanding of the core workings of the criminal justice system. Whilst holding regular meetings behind closed doors with the bar, he refuses to engage with practising solicitor groups. Solicitors who do publicly funded defence work are the backbone of the justice system. Day in, day out they represent people accused of a crime from police station to magistrates and often crown court. Solicitors' skills, expertise and dedication are essential to ensure maximum efficiency and a just process. But Mr Grayling ignores that." |
| • The subheading and text of this article were amended on 29 July 2014 to clarify a statement from the Ministry of Justice about legal aid fees for Very High Cost Cases. |