A judge has stepped in to try to prevent a trial being derailed by the row over barristers’ refusal to do very high cost criminal cases (VHCC).

Several defendants in a case listed for trial at Oxford Crown Court early next year have been unable to find counsel because barristers have decided the fees on offer are too low.

In an unusual move, Judge Eccles QC this month ordered the Legal Services Commission (LSC) to serve on the solicitors of unrepresented defendants a schedule of all junior advocates on the VHCC panel who are competent and available.

The defence solicitors concerned must then either instruct people on the list or negotiate with the LSC to instruct a non-panel advocate.

However, the order says if the LSC provides evidence in writing that a new VHCC contract will be agreed and implemented by mid-November, the court will reconsider the order.

An LSC spokesman said that no VHCC case has yet been delayed due to defendants being unrepresented, and the body is taking ‘appropriate steps’ to comply with the order.

Peter Lodder QC, chairman of the Criminal Bar Association, said it was unusual for a judge to require information from a funding authority.

‘Plainly he’s concerned about the progress of the case in what are difficult times. And I imagine he wants to know all the background, so he can deal with any applications that may arise.’

Law Society President Paul Marsh said that barristers’ refusal to take on such cases was contrary to the interests of justice. ‘We appreciate that the government cannot ignore this problem, but there is a difficult balance to be struck between paying a reasonable fee for the skills needed on cases, and not paying more than the legal aid system can reasonably afford.’