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MoJ and LSC to press ahead with panel for high cost cases

The Ministry of Justice and Legal Services Commission today announced their intention to press ahead with setting up a panel of solicitors and barristers to represent defendants in very high cost cases (VHCC).

The move follows a mass boycott of the scheme by barristers. Less than six per cent of the 2,300 barristers who were offered contracts actually signed up by the deadline at the end of last month.

Virtually all the 330 solicitors’ firms offered contracts signed them and will be joined on the VHCC panel by 130 barristers.

To cope with the lack of advocates, the Ministry of Justice and the LSC are consulting on a funding order to allow solicitors on the panel to instruct advocates not on the panel, as long as they are prepared to work for the same rates.

In a further move barristers who failed to sign up for contracts the first time, are being offered a second chance, though there will be no more money available.

For preparation QCs will get a maximum of £145 an hour, for time spent in court £476 per day. Junior barristers acting alone will get a top rate of £100 for preparation, £285 per day in court.

Tim Dutton QC, chairman of the Bar Council, said that the terms offered in the contract were not attractive enough for many barristers.

“We urge the LSC and Ministers to reflect on the demerits of their proposed scheme, and to return to the table to devise one based on a fee for the work undertaken, and not on hourly rates,” he said.

“This would be fairer to the taxpayer and the advocate alike, and would stand a much better prospect of attracting the most able into this difficult work.”

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