Alistair Webster Q.C., head of Lincoln House Chambers, issued the following statement on Monday 4th November:
” Despite all reasoned argument and despite overwhelming advice against the proposals, the Lord Chancellor has gone ahead and introduced a measure to make 30% immediate cuts in the fees payable to lawyers in the most complex and heavy cases to come before the courts – even where there are existing contracts to cover the work. These cuts are, as has been pointed out to him by many, including the government’s own lawyers ( Treasury Counsel ), unsustainable. He has shown himself to be wholly unmoved.
The barristers at Lincoln House Chambers, recognised for excellence in just this type of case, have considered the proposals and reject them. We will not accept work at the reduced fees. We stand shoulder to shoulder with the many lawyers who will similarly refuse to act in these cases.
It is a tragedy that political incompetence and indifference has led to this unprecedented situation. The Bar has offered to co-operate in seeking alternative funding models and making savings. The difficulty which all parties have is that the Ministry of Justice is patently not fit for purpose. Its inadequacies have been identified more than once by the Justice Select Committee. Nor can it any longer be assumed that it is a body whose good faith can be taken for granted. It’s refusal to co-operate in the timely provision of data by which its proposals could be scrutinised is egregious and a disgrace for any ministry in a democratic state.
We welcome the resolution of leading solicitors not to take up work refused by others under the new fee system.
It is quite clear that ministers’ statements about the importance which they attach to legal aid are no more than lip-service. Their mule-like refusal to accept the clear advice which they have been given by the overwhelming weight of responses to their consultation paper clearly shows that such statements are hollow.
We are proud that a member of Lincoln House Chambers, Tony Cross Q.C., has been elected as the next chairman of the Criminal Bar Association, and will help to lead the fight to preserve legal aid.
The provision of access to the courts, and the provision of a high quality justice system, are central duties of the modern state. Fees have already suffered far greater cuts than those imposed upon any other government suppliers that we can identify. The judges recognise the danger presented by these proposals, as do the Lawyers’ Associations of all the major political parties.
But still Grayling presses on, desperate to regain his place at the top table by delivering cuts to the Treasury, even when the cuts are widely recognised to be unsustainable.
We regret the effect which this will have upon present and future cases. We maintain the highest professional standards and are committed to assist those whom we represent. But our duty to the integrity of the courts system and the protection of the interests of the many persons who will, in the future, suffer from severe difficulties if these proposals go through and the profession withers on the vine, mean that this is a fight which we, and civic society, cannot afford to lose.”