Criminal Bar Association may ballot for strike action in protest against legal aid cuts

The news comes as research warns the legal system is already under strain from a lack of resources

Barristers and solicitors demonstrate against proposed cuts to legal aid fees, March 2014 (Getty)

The Criminal Bar Association (CBA) is to decide on 30 June whether to call on its members to strike in protest at legal aid cuts, while new research warns the legal system is already under strain from a lack of resources.

Shortages in the justice system are behind a steep rise in delays to appeal court hearings during the past year, with some repeatedly postponed, according to the Law Society Gazette. Freedom of Information responses from HM Courts and Tribunals Service revealed that 640 civil cases were adjourned in the past year – up from 365 the previous year.

And court delays are set to worsen, with a growing number of lawyers planning to boycott cuts to legal aid which come into force from 1 July by refusing to take on any new legal aid cases.

This comes after the Independent revealed how unrest among lawyers over the 8.75 per cent cut in legal aid fees could see widespread disruption to criminal courts in England and Wales. In Liverpool, more than 100 lawyers have agreed to stop accepting legal aid work. A number of lawyers in Manchester and Cardiff have followed suit. Michael Mansfield QC, one of Britain’s best known barristers, is one of those in support of such action.

On 29 June, the Legal Aid Agency (LAA) denied pressurising solicitors not to turn down legal aid cases, despite a number of lawyers informing the London Criminal Courts Solicitors’ Association they had received calls from the LAA warning them against taking action.

During the meeting, the CBA “will consider all developments including the outcome of the solicitors ballot on fee cuts and the strength of feeling manifested in the various meetings held this last week.” (Getty)

And Tony Cross QC, CBA chairman, held discussions with the Criminal Law Solicitors’ Association and more than 30 law firms on 29 June - ahead of a meeting this evening where the organisation may call on its members to refuse legal aid cases. “We are considering carefully and listening with an open mind to a wide range of opinions on what action, if any, we should take,” he said.

“We will certainly not decide policy on the basis of relatively few, self-selecting meetings in two or three robing rooms. The opinions expressed no doubt reflect the strongly held views of those present, but they may or may not be representative of the full membership, which numbers around 4000,” he added.

During the meeting, the CBA “will consider all developments including the outcome of the solicitors ballot on fee cuts and the strength of feeling manifested in the various meetings held this last week.”