Fraud trial halted amid legal aid row

Written By Unknown on Kamis, 01 Mei 2014 | 19.12

1 May 2014 Last updated at 12:25

A judge has halted a serious fraud trial after defendants claimed they could not get adequate representation because of cuts to legal aid.

Alex Cameron QC - the prime minister's brother, working free of charge on the bid to halt the case - said the defendants would not get a fair trial.

The MoJ said "suitably qualified" advocates could have taken the case.

The government has cut fees for such long and complex cases by 30%, says BBC home affairs correspondent Danny Shaw.

Judge Anthony Leonard told Southwark Crown Court that the defence had made "very substantial... but unsuccessful" efforts to find barristers to fight the defendants' case.

Contracts terminated

The case was brought last year by the Financial Conduct Authority against Scott Crawley and seven other men.

It concerned the activities of Plott UK Ltd, European Property Investments Ltd and Stirling Alexander Ltd.

Lord Neuberger

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The companies are believed to have taken more than £5m from UK investors between 2008 and 2011, the FCA said at the time.

Arguing on Monday that the case against five of them should not go ahead, Mr Cameron said: "A stay is exceptional, but so is lack of representation in this country. We are worried about a fair trial.

"It's not the fault of the FCA but we do [blame] the state more widely."

The government has cut the fees for complex, high-cost cases by 30%, and in other Crown Court work by up to 18%.

Nigel Lithman QC, chairman of the Criminal Bar Association which has been opposing government cuts to legal aid, said skilled and experienced advocates were essential in very high-cost cases (VHCCs).

"Each advocate who had signed a contract to undertake a VHCC case was presented by the government with a choice - either to accept a 30% cut in their fees or to terminate their contract. They chose to terminate their contracts," he said.

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Even after the savings, if a QC picked up a case like this one, they could expect to receive around £100, 000 for working on it, with a junior barrister receiving around £60, 000"

End Quote Ministry of Justice

"Since then, we understand that no barrister has signed a new contract to undertake a VHCC at the reduced rates."

Legal aid costs about £2bn a year - half goes on criminal defence and the rest on civil cases including mental health, asylum and family law involving domestic violence, forced marriage or child abduction.

The Ministry of Justice said in a statement: "Barristers have refused to work on this case - and a number of other very high-cost court cases - because they do not agree with savings the government is making to legal aid.

"Even after the savings, if a QC picked up a case like this one, they could expect to receive around £100, 000 for working on it, with a junior barrister receiving around £60,000.

"The government has made sure that the Public Defender Service has a number of suitably qualified advocates who could act in this case."

Lawyers have staged a number of number of protests, but these were suspended after the government said the cuts would not now come into force until at least the summer of 2015 - after the next general election.


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