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12 June 2019
Issue: 7844 / Categories: Legal News , Criminal , Profession
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Criminal Bar strikes deal

Accelerated package of measures could end impasse 

A walkout by criminal barristers protesting low fees is likely to be postponed after the Criminal Bar Association (CBA) struck a deal with the government.

Barristers had voted overwhelmingly in favour of the ‘whole profession’ walkout and for prosecution and defence barristers to refuse returns from 1 July.

However, the Crown Prosecution Service (CPS), Ministry of Justice (MoJ) and Attorney General have this week announced ‘an accelerated package of measures’ while a wider review of fees takes place until summer 2020.

The CPS has agreed that, for all hearings/trials underway as at 1 September 2019, all fixed fees will be increased to the level of the Advocates’ Graduated Fees Scheme (AGFS), which sets payment levels for defence advocates. Refreshers will be paid from the second, rather then the third, day of trial. Continuation fees in long running trials will not be reduced from day 41. Full fees will be paid from the first day of trial, and barristers will be paid at the conclusion of the trial or other hearing where sentence is adjourned.

Director of Public Prosecutions Max Hill QC said the CPS was committed to introducing a fees scheme ‘that gives a fair deal for prosecution advocates, and is affordable and sustainable’.

On the AGFS, the MoJ has agreed to consider by the end of November the issues of unused material, fees for cracked trials and uplifts in paperheavy cases. A government spokesperson said it was ‘only sensible to refocus on areas where professionals have expressed pressing concerns’.

The CBA will now ballot its members again, this time on the new proposals.

CBA chair Chris Henley QC recommended the interim package to CBA members.

Issue: 7844 / Categories: Legal News , Criminal , Profession
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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