The Ministry of Justice is facing a legal challenge from the bar over its fixed recoverable costs (FRC) regime, which is set for expansion on 1 October. The Bar Council is preparing a letter before action.

The expansion will create an ‘intermediate track’, covering cases above the £25,000 fast-track threshold up to £100,000. Writing in today’s Gazette, Bar Council vice chair Sam Townend KC says the reform brings into ‘sharp relief the need for the government finally to address the problems posed by the existing regime’.

Townend notes the fixed recoverable advocacy fee has not been uprated to reflect inflation since October 2007. ‘In order for there to be a viable junior bar to carry out this work, it is essential that a reasonable fee be paid,’ he says.

Sam Townend KC

Townend: Reform brings into ‘sharp relief need for government finally to address problems posed by existing regime’

A statutory instrument laid in May showed some movement through partial indexation. A further consultation on issues relating to the new regime opened at the end of July. ‘Unfortunately,’ says Townend, ‘only limited steps are proposed and the government simply does not even raise for consultation the automatic uprating of the fee levels so that we can all avoid these disputes in the future.’

Prior to the consultation, ‘a judicial review seemed inevitable’, Townend notes. Next steps depend on the MoJ’s reply to the Bar Council letter before action, he adds.

 

This article is now closed for comment.