News

Legal aid payments dispute in court

Barristers have vowed to continue turning down criminal cases in protest at Justice Minister David Ford's reforms 
Barristers have vowed to continue turning down criminal cases in protest at Justice Minister David Ford's reforms  Barristers have vowed to continue turning down criminal cases in protest at Justice Minister David Ford's reforms 

Lawyers are to mount an appeal after the High Court refused to quash new rules for legal aid fees in Northern Ireland.

Confirmation came as barristers vowed to continue turning down criminal cases in protest at Justice Minister David Ford's reforms.

Their position, which could result in a worsening backlog of delayed trials, was reaffirmed at a meeting of the Bar of Northern Ireland on Monday night.

Bar Council Chairman Gerry McAlinden QC said membership made their views clear.

"We will go forward with the appeal case," he confirmed.

"Criminal practitioners have indicated that they are resolute in their current action of not appearing in such cases.

"It is a source of major concern that we now face a period of prolonged action which will only further deepen the difficulties, pressure and backlog already evident in the system."

Last month a High Court judge held that the new rules do not provide fair pay to defence solicitors in some criminal cases.

He also identified a breach in the impact assessment carried out around Justice Minister David Ford's reforms.

But despite declaring the decision making process unlawful in two areas, Mr Justice Maguire declined to quash the rules.

Instead, he said it was up to the Department of Justice to now rectifies the situation "speedily".

His verdict came in a joint challenge to the legal aid fee cuts mounted by solicitors and barristers.

Mr Ford introduced the reforms to payments for criminal work in May, insisting they are necessary and just.

With the Minister facing a reduced departmental budget, he has maintained that Northern Ireland cannot continue to fund the UK's highest level of legal aid pay.

More than 500 criminal cases are currently unable to proceed due to the dispute.