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Criminal barristers vote to end strike action

Criminal Bar Association calls off indefinite strike after barristers accept the Ministry of Justice’s 15% pay offer. However, barristers warn of more walkouts if ministers fail to fulfil their commitments

CRIMINAL barristers have narrowly voted to suspend their indefinite strike action — but warned that lawyers were ready to walk out again if the government fails to stick to its pledges. 

Just over 57 per cent of Criminal Bar Association (CBA) members voted to accept the Ministry of Justice’s offer of a 15 per cent increase in legal fees to cover the ongoing backlog of criminal cases in the courts, which stands at a whopping 60,000. 

The government had previously announced a 15 per cent increase in legal fees but this was rejected by the CBA because it only applied to new cases and not the huge backlog, meaning barristers would likely be waiting years before receiving the uplift to their pay.

Responding to the ballot result on Monday, Justice Secretary Brandon Lewis said he was “glad that barristers have now agreed to return to work,” describing the development as a “breakthrough.”

But the CBA warned the criminal justice system still “sits on a cliff edge” and threatened to walk out again if ministers fail to fulfil their commitments.

“The offer from the government is an overdue start,” chairwoman Kirsty Brimelow KC said.

“Its acceptance by barristers is on the basis that it is implemented. Otherwise, the CBA will ballot again to lift the suspension of action.

“Goodwill of criminal barristers is exhausted. The long-term reform does depend on continuing, constructive engagement with government. Otherwise, our members remain ready to act again.”

Barristers will now return to courts on Tuesday after industrial action first began in April, with an all-out strike called on September 7. 

The CBA had asked for a 25 per cent increase in legal aid fees, arguing that barristers have seen real earnings fall by almost 30 per cent since 2006 due to legal aid cuts. 

This has left junior barristers living on incomes below the minimum wage, the CBA claims. 

Some barristers who voted against ending strike action said the 15 per cent offer was not enough. 

Justice on Trial author Chris Daw KC, who voted against accepting the offer, said on social media: “We must unite once again to push for a better deal for the most junior criminal barristers. 

“Many will still be in an unsustainable financial position, despite the increase in fees.”

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