header-logo header-logo

26 February 2010 / Roger Smith
Issue: 7406 / Categories: Opinion , Human rights
printer mail-detail

Executive decision

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll