19th July 2015
Last updated 19th July 2015
The current crisis in criminal legal aid has many starting points; I have chosen the April 2013 consultation as the place to begin this chronology.
This chronology is a work-in-progress. The first draft of 19 July 2015 is incomplete; but rather than heed the counsel of perfection, it has been posted and will be updated/improved on a regular basis.
9 April 2013
The Ministry of Justice (“MoJ”) published its “Transforming Legal Aid” consultation paper.
This covers “reforms” to legal aid in both civil/family and criminal cases. It includes a proposal for a 17.5% reduction for criminal legal aid solicitors’ fees, as well as reductions in barristers’ fees. It also includes proposals (which are swiftly dropped) for price competitive tendering and limiting the rights of people to chose solicitors.
4 June 2013
The MoJ consultation closes on the “Transforming Legal Aid” proposals. There were over 1,600 responses.
5 September 2013
The MoJ publish its response to the consultation: Transforming Legal Aid: Next Steps.
In respect of the 17.5% cut, it is stated that this will not now be in one go. There will be a 8.75% cut in 2014, and a further 8.75% cut in 2015.
The MoJ also proposed a “dual contracts” model. Criminal legal aid lawyers can bid for “duty provider work” (DPW) contracts and “own client work” (OCW) contracts. There is a further consultation, which ends on 1 November 2013.
27 February 2014
The MoJ states that its final decision is that there will be 525 “duty provider work” contracts. (There are currently about 1,600 contracts in place.) It also announces that the 8.75% cut will be in March 2014, and a further 8.75% cut in 2015.
7 March 2014
The Criminal Bar starts a “no returns” policy, which quickly brings the criminal courts to a halt. This is called off on 27 March 2014 when the government announces that the cut in advocacy fees will be postponed.
Many solicitors are angry at the “deal” and say that they have been let down by the barristers.
20 March 2014
The first 8.75% cut in fees takes effect.
June 2014
1808 OCW contracts are awarded. This are generally regarded as commercially of little point, as most criminal legal aid lawyers rely on duty contracts as the basis of their practices.
19 September 2014
The High Court quashes the decision to award 525 DPW contracts, as the respondents to the consultation had been unfairly denied access to the underlying consultancy reports on which the government was relying. This forces the MoJ to re-open the consultation.
27 November 2014
The MoJ announces its revised decision, increasing the number of [contracts] by only two, to 527.
The MoJ also announces that the 8.75% cut is now planned for 1 July 2015.
23 December 2014
The High Court suspends the tender process for letting the 527 contracts, pending the result of a new judicial review of the 27 November 2014 decision to award 527 DCW contracts under the “dual contracts” model.
18 February 2015
The High Court rules that the 27 November decision to award 527 contracts is lawful.
This decision is upheld by the Court of Appeal on 25 March 2015.
May 2015
Conservatives win overall majority; Michael Gove replaces Chris Grayling as Lord Chancellor and Secretary of State for Justice.
5 May 2015
The tender exercise closes for the new 527 PCW contracts.
21 May 2015
The Criminal Bar Association publish a survey which shows its members are in favour of supporting criminal legal aid solicitors in combating dual contracts. (Reports: Law Society Gazette, Guardian.)
10 June 2015
The MoJ confirms that the 8.75% cut will take effect on 1 July 2015, and put the requisite statutory instrument before parliament. (Report: Guardian)
The MoJ decides not to cut barristers’ fees.
Tony Cross, chairman of the Criminal Bar Association, says:
“The Criminal Bar Association regrets the decision of the Ministry of Justice to press ahead with the Duty Provider Scheme and to impose further fee cuts on hard pressed litigators.
“The Executive of the CBA will be discussing our response at the earliest opportunity, including further consultation with our membership.
“We acknowledge the Secretary of State for Justice’s welcome recognition as to the critical importance of quality advocacy in our Criminal Justice System.”
Alistair MacDonald QC, chairman of the Bar, says:
“We are pleased that the Ministry of Justice has agreed not to proceed with the cuts to the Advocates’ Graduated Fee Scheme (AGFS). We are also grateful to the Lord Chancellor for listening to, and acting upon, the Bar’s concerns about the impact cuts to the AGFS would have had.
“The Bar Council continues to have grave concerns about the effects upon solicitor colleagues of further fee cuts and the implementation of the dual contracting scheme. We remain convinced that these measures are likely seriously to damage access to justice and the provision of high quality advocacy services in England and Wales.
“We will continue to advance the case with the Ministry of Justice and the Legal Aid Agency for robust measures to be taken to protect, maintain and enhance the high quality of the advocacy market in order best to serve the public interest.”
22 June 2015
The CBA executive decides not to take direct action about dual contracts. Cross says:
“The fact is that the solicitors are not currently prepared to take decisive action over two tier contracts. Many firms want them; others feel they have no option but to sign up to them. We know that over 1000 tenders have been submitted for the 527 contracts available. Save for three procurement areas, the number of tenders outweigh the number of contracts available.
“It is against this reality that the Executive felt that action on two-tier contracts would serve no purpose. We have lobbied and argued publicly and privately against the introduction of two tier contracts. We believe they will be bad for the Criminal Justice System and be bad for the Bar. But we do not believe, however, that we can fight the solicitors’ battle for them. Fighting alongside is one thing, but our considered opinion is that taking direct action on behalf of solicitors over two-tier, when the solicitors organisations will not or cannot take decisive action themselves is doomed to fail.”
23 June 2015
Michael Gove makes a (widely approved) first speech as Lord Chancellor.
24 June 2015
Criminal legal aid solicitors and barristers in Merseyside meet and agree to take ditect action after 1 July 2015. (Report: Law Society Gazette)
25 June 2015
Criminal legal aid solicitors and barristers in Cardiff meet and agree to take ditect action after 1 July 2015. (Report: Law Society Gazette)
26 June 2015
The “Big Firms Group”, an alliance of the large criminal legal aid firms which do around 25% of criminal legal aid work, are reported to be supporting the action. (Reports: Law Society Gazette, Solicitors Journal)
27 June 2015
Solicitors in East Yorkshire are reported to be supporting action.
Firms in East Yorkshire also agree on direct action. Will refuse all legal aid work from 1 July #legalaid
— Chloe Smith (@chloeellasmith) June 27, 2015
29 June 2015
Criminal solicitors meeting to discuss action in London, Kent, Manchester, Leicester, Derby, Leeds:
London meeting of solicitors and barristers at garden court starts at 6. Already it's packed.
— Stephen Knight (@SKBarrister) June 29, 2015
Am at London meeting of criminal lawyers to discuss legal action: packed, over hundred here, many still coming in.
— Jack of Kent (@JackofKent) June 29, 2015
Breaking, London: overwhelming support in both barrister and solicitor votes for action from 1 July against legal aid cuts.
— Jack of Kent (@JackofKent) June 29, 2015
Overwhelming majority of London solicitors vote to take no new own client work after 1st July until unfair & unsustainable cuts reversed
— Sam Parham (@sam_parham) June 29, 2015
Manchester legal aid lawyers vote unanimously to refuse all new work from the 1st July 2015
#saveukjustice
— Oliver Gardner (@oliversgardner) June 29, 2015
Kent firms support action. No new work at new rates. DS schemes to be targeted for 'special treatment'. No RO's at all.
— Robin Murray (@robinthemint) June 29, 2015
Watching the sols meetings over work post 1/7 is like watching Beacons being lit from point to point across the UK.Who else is to light up?
— Mary Aspinall-Miles (@MAM12CP) June 29, 2015
Law Society Gazette: Bar chief speaks against “self selecting meetings”
Law Society Gazette: Legal Aid Agency denies warning solicitors against direct action
30 June 2015
Formal statement that London legal aid solicitors will not act in legal aid cases after 1st July
Reports: Guardian, Law Society Gazette.
Solicitors Journal: Legal aid firms set to work after 1 July ‘will run at a loss’
Law Society Gazette: Courts order protest meetings off the premises
1 July 2015
The 8.75% cut takes effect.
Law Society Gazette: ‘Business as usual’, claims MoJ on first day of action
2 July 2015
Law Society Gazette: Solicitors’ ballot shows overwhelming support for action.
Legal Aid Solicitors send letter to Gove.
Attempt Murder at a West Midlands police station yesterday rejected by 10 panel duty solicitor firms.
— Steven Jonas (@S_Jonas) July 2, 2015
3 July 2015
My partner had 20 duty calls last night. He was only able to do 2.He had to reject all the others. I'm told that No. 2 was only able to do 1
— Steven Jonas (@S_Jonas) July 3, 2015
Disturbance at hospital in Liverpool. Police wouldn't arrest as 'there's no point – all the briefs are on strike' #ThePurge #saveukjustice
— Alaric H. Walmsley (@ahwalmsley) July 3, 2015
5 July 2014
Apparently all GMP stations at capacity & officers told not to make any planned arrests. Looks like direct action is causing chaos. Oops…
— Kate (@northern_brief) July 5, 2015
I am so proud of the way solicitors are sticking together with such astonishing tenacity and the loyalty of many Counsel is uplifting. Unity
— Robin Murray (@robinthemint) July 5, 2015
Report about leader of the Merseyside lawyers Zoe Gascoyne at Liverpool Echo.
6 July 2015
Law Society Gazette: PDS lawyers move in as direct action bites
Law Society Gazette: Bar urges solicitors to withdraw legal aid tenders
Solicitors Journal: CBA chairman to vote ‘No’ in upcoming ‘no returns’ ballot
Mansfield Crime Team:
* No legal aid orders from 01/07/15;
* No returns from 4pm 14/07/15;
* Solidarity!
http://t.co/x83bYokZSV…
— Mansfield Chambers (@MansfieldQC) July 6, 2015
No chambers in Manchester will accept work under new rates & all adopt no returns policy.
This is starting to look like a united profession
— Zoe Gascoyne (@Zoe_Gascoyne) July 6, 2015
Average list at Bromley today. Only 1 case not rep by duty. Pleased that no evidence of touting. #saveUKjustice
— Frazer Bradshaw (@Tinyfrazer) July 6, 2015
@Raj_Chada Duty at Thames MC has 37 out of the 40 cases listed in court today#saveukjustice
— ola ehiogu (@olaehiogu) July 6, 2015
Cases today at chester Crown court have been adjourned for lack of #Legalaid and #noreturns
— Oliver Gardner (@oliversgardner) July 6, 2015
7 July 2015
Law Society Gazette: MoJ ‘offers talks’ – but not about fee cuts
Solicitors Journal: CBA shown favour by Lord Chancellor over legal aid cuts
Police tell duty solicitor on the ground of 4 hour backlog and the impact it is having at police station . This is volume #saveukjustice
— Jonathan Black (@jonblackbsb) July 7, 2015
In support of the Criminal Bar all HCA's at Clifford Johnston & Co Solicitors will adopt an immediate policy of No Returns #saveUKjustice
— patrick (@pharrislegal) July 7, 2015
Trial at Reading Crown Court today…counsel tried 10 sets in London NO ONE available to take the return #saveUKjustice
— Rob Jacques (@rj7268) July 7, 2015
The CBA @TheCriminalBar Ballot. My personal view… pic.twitter.com/IzQAfasGUA
— Mukul Chawla QC (@MChawlaQC) July 7, 2015
Mary Monson Solicitors on the picket line of Manchester Magistrates' Court. #saveUKjustice pic.twitter.com/B7ERCt4ZNa
— Mary Monson Law (@MaryMonsonLaw) July 7, 2015
8 July 2015
Gove makes speech on legal policy at Lord Mayor’s Banquet, praises the Bar.
Criminal Bar "We are VERY cross – you are destroying us! We WON'T have it!"
Gove " I think you're FAB"
Criminal Bar "Blushes"
— Rebecca Herbert (@RebeccaHerber44) July 8, 2015
Law Society Gazette: Gove meets big legal aid firms
Tough day 2day. Made it clear cut must be reversed. Mr Gove listened and it was a lively exchange. Hard to say what effect was. Keep it up
— Franklin Sinclair (@FMStuckers) July 8, 2015
Huge disruption at Manchester Magistrates today. Duty solicitor overwhelmed with people in the cells. #savelegalaid #saveUKjustice
— John Richards (@JohnnyRichards) July 8, 2015
Updated list of London Criminal Legal Aid Lawyers taking Action.
Employees of the remaining minority very unhappy! http://t.co/6rnAAC9qEf
— Greg Foxsmith (@GregFoxsmith) July 8, 2015
@Zoe_Gascoyne @jonblackbsb perhaps they will realise that we are the glue that has been keeping this crumbling wreck going for years
— Ciaran Rankin (@CiaranRankin) July 8, 2015
10 July 2015
Law Society Gazette: MoJ denies manipulating legal aid figures
13 July 2015
Law Society Gazette: firms consider duty boycott
Law Society Gazette: 89-call hunt for solicitor as protest bites
Chair of CBA urges “no” vote for ballot on “no returns” policy.
Chairman of the Bar, Alistair MacDonald QC, urges eligible barristers to take part in key @TheCriminalBar online vote http://t.co/jgrC6s817d
— The Bar Council (@thebarcouncil) July 13, 2015
14 July 2015
Law Society Gazette: judges query absence of solicitors
Manchester Evening News: Defendants charged with serious offences might not be represented by a lawyer in court, warn legal aid protesters
@FMStuckers Gove has achieved the impossible, not only has he united solicitors but he's also united scousers & mancs
— Zoe Gascoyne (@Zoe_Gascoyne) July 14, 2015
15 July 2015
The CBA membership votes in favour of no new work and ‘no returns’ to support solicitors’ action by 982 votes to 795 votes, equating to 55% in favour and 45% against
#ThatAwkwardMoment when the Justice Sec appears before the Justice Select Committee 15 mins after lawyers voted to strike #SaveUKJustice
— Harriet Johnson (@HarrietEJohnson) July 15, 2015
Productive first evidence session of @CommonsJustice with Secretary of State, Michael Gove, today – watch here: http://t.co/GPx8N4ahHd
— Bob Neill (@neill_bob) July 15, 2015
Law Society Gazette: Gove: legal aid ‘concerns are legitimate’ – but no concessions
Joint statement from solicitors’ leaders Jon Black and Bill Waddington.
Yorkshire Star: Legal aid strike ‘causing chaos’ in South Yorkshire courts and police cells
Channel 4: Barristers vote to back legal aid protest
Independent: Criminal barristers vote to refuse taking work in protest against cuts to legal aid
Crown Court List Office phone lines all over the country will be in meltdown today…. #NoReturns
— Mark Harries (@MRHarries) July 15, 2015
16 July 2015
Criminal bar announces date for legal aid action
The Times: Barristers back strike action over legal aid cuts
@lccsa @CrimeSolicitors @TheCriminalBar innerlondon crown ct yesterday 7 of 8 prelim hearings had unrepresented defendants #businessasusual
— Julian Hayes (@hayeslawsa) July 16, 2015
And so it begins. Defendant at crown for sentence via video link. No barrister because of no returns policy.
— Matt Lloyd (@mwl462) July 16, 2015
17 July 2015
Meeting last night between BFG,CLSA,LCCSA and CBA produced a unified call to the MOJ to withdraw cut and start talks and still we hear nth?
— Franklin Sinclair (@FMStuckers) July 17, 2015
Joint statement of LLCSA, CLSA, BFG & CBA.
Any suggestions of new links and events welcome – please use comment box below.