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Bar Council and Criminal Bar Back New VHCC scheme

19 December, 2008

The Bar Council and the Criminal Bar Association have today welcomed the publication of a consultation paper on a proposed payment scheme for Very High Cost Cases.

The proposals have been drafted by a steering group comprising representatives from the legal profession, including the Bar Council, the Ministry of Justice, the CBA, the Law Society, the Crown Prosecution Service, and the Legal Services Commission.

The steering group was tasked with the production of a viable scheme which would ensure appropriate fees for advocates conducting VHCCs, to replace the contract system previously announced by the LSC.

With a new scheme due to come into effect by July 2009, the consultation period for these proposals will run from the 19th December 2008 until the 30th January 2009.

The proposals include:

- A fixed fee element for the core tasks, which are assumed to account for about half of pre-trial preparation; the rest of the pre-trial preparation fee is to be subject to negotiation and agreement

- No requirement for advocates to join a panel, or to be part of a litigator’s team when they bid

- Quality control of advocates dealt with via self-assessment and endorsement by litigators, with a Quality Assurance Scheme for Advocates to be tested early in 2009

- A separate consultation will run in March 2009 which will consider the details of the advocate’s contract; however, it is thought that each contract will be case-specific.

Commenting on the proposals, Tim Dutton QC, the Chairman of the Bar, said:

‘I am very pleased that the steering group has produced a robust scheme, which is testament to the professionalism and goodwill which all involved have shown. In particular, the Secretary of State for Justice, Jack Straw MP, has provided crucial momentum to the process of securing equitable and workable arrangements.

‘The proposed scheme should provide a fair payment mechanism, which reflects the complexity of the cases in question, and the concomitant expertise required of those advocates who conduct them. It will deliver within budget’

‘It is vital for our justice system that these long and complex cases are conducted by the most qualified and experienced advocates – and that they are fairly remunerated for the work which they put in and the level of responsibility. Anything less would not be in the public interest.’

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