Demands by HM Courts & Tribunals Service for data identifying striking barristers could amount to unlawful processing, lawyers for the Criminal Bar Association have told the Ministry of Justice. The instructions to court staff - revealed by the Gazette last week - were designed to cause ‘immediate distress’, according to a letter from London firm Mishcon de Reya, which is acting pro bono for the CBA.  

The letter states that such harvesting of personal data - which is denied by the Ministry of Justice - does 'not serve any legitimate aim and otherwise had no lawful basis'. The firm has urged the information commissioner to investigate. 

Criminal Bar Association chair Jo Sidhu QC

Sidhu: 'Intimidatory tactics such as these are designed to cause distress.'

Source: Michael Cross

In its letter, the CBA challenges the MoJ's assertion that no names of barristers taking part the action are being sent to the government. It states that the ministry's explanation - that a misapprehension arose from 'confusing' language - 'beggars belief'.

Criminal Bar Association chair Jo Sidhu QC said: 'Members were understandably concerned to hear reports that the Ministry of Justice had instructed court staff to name all barristers who do not attend court hearings because they are participating in the CBA’s days of action, involving criminal defence advocates. The CBA takes these reports extremely seriously. We have taken advice from solicitors and specialist counsel to consider whether this amounts to unlawful processing of personal data.

'Intimidatory tactics such as these are designed to cause distress and are a diversion from what must happen: a swift and fair settlement of our reasonable demands in relation to criminal defence advocacy fees under legal aid, in order to conclude this dispute in the long-term interests of the criminal justice system.'

An MOJ spokesperson said: 'It is categorically untrue that the Justice Secretary or Ministry of Justice has requested the names of any barristers. We are monitoring the number of disrupted cases due to strike action by the Criminal Bar Association to assess the impact on the justice system.'