The Court of Appeal reversed a decision of the High Court which had stopped a trial involving the Financial Conduct Authority because the defendants could not find barristers to represent them on Legal Aid. Barristers had refused to act after the Legal Aid pay rates on offer were cut by the Ministry of Justice by 30 per cent. But the Court of Appeal held that the judiciary cannot intervene in disputes between the Ministry and barristers on remuneration. The Public Defender Service will now have to find a way to get representation for the defendants.
Eight cases
Another eight trials are due to start in the year starting in September, involving 21 defendants who could also have difficulties finding barristers to act for them. Lee Adams of Hughmans, who acted for one of the defendants, told the Financial Times: ‘Despite the court’s political neutrality, this decision unfortunately does much to hurt that principle and will be relied on by a government seemingly hell bent on looking tough on crime whatever the cost to justice. We are considering what steps are now best for our clients.’ Source: Financial Times
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