The General Council of the Bar has publicised the possibility of litigation against the government and the Legal Services Commission.
The General Council of the Bar has publicised the possibility of litigation against the government and the Legal Services Commission. It complains of a lack of consultation and co-ordination in relation to proposed changes to the graduated fee and very high cost cases schemes.
The potential case echoes an earlier success of the Bar Council in the mid-1980s when its chairman was Lord Alexander of Weedon QC. Lord Hailsham folded when faced with a writ arguing that the then proposed level of remuneration was not consistent with the statutory provisions then current. The lord chancellor had, however, the last laugh: he abolished the statutory provisions and reinstated the cuts.
The Bar is making the most of its case. On 5 February, it announced that it was instructing solicitors. On 10 February, its solicitors wrote to Lord Bach and Sir Bill Callaghan “in order to advance proceedings”. We are promised “a full pre-action letter” shortly. We can anticipate another press release.
The real objection is, of course,
