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Solicitors and solicitors on strike in Northern Ireland in fee dispute
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Solicitors and solicitors on strike in Northern Ireland in fee dispute

Getty Images A lawyer wearing a white and dark striped suit holds a white wigGetty Images

Criminal barristers and barristers in Northern Ireland are taking part in a one-day strike as part of a dispute over legal aid fees.

The Criminal Bar Association said legal aid rates for lawyers, when adjusted for inflation, have fallen between 47% and 58% since 2005.

The body added that the strike was a “last resort” as the criminal aid system had reached “crisis point”, and called on the Justice Minister to urgently remedy the situation.

The Department of Justice (DoJ) said it was “surprised and disappointed” by the move as it continues to push for more funding.

Legal aid for criminal cases allows representation in a criminal case.

These cases are usually heard at the Magistrates’ Courts or the Crown Court.

“Rising Frustration”

Strike action on Monday will see barristers refusing instructions in category A crown court cases such as murder and manslaughter.

They shall also refuse instructions in any retrial as to all cases proceeding from hung juries or appeals.

There are warnings that further strikes may follow unless there is an immediate increase in criminal legal aid fees.

The Law Society of Northern Ireland, the professional body for lawyers, has warned that the criminal justice system will collapse unless urgent action is taken.

He added that lawyers could no longer afford to undertake criminal legal aid cases at current fee levels.

“The Law Society … is aware of the growing frustration from criminal defense lawyers over the failure to increase legal aid fees and delays in payment for work already completed,” it said in a statement.

The body called on Justice Minister Naomi Long to take action.

Department ‘persistently underfunded’

A DoJ statement said: “It is well known that the Department of Justice has been consistently underfunded, and the consequences of such underfunding are now being realized.

“The Bar is aware that the Department has worked to secure a more sustainable budget and additional funding has been secured this year to meet current pressures.”

The department added that pressures were at their “peak” in 2023/24, when the Legal Services Agency, an executive agency of the DoJ, paid out around £114m to legal professionals.

It said it was “the highest level of payment in the history of legal aid”.

“The department will continue to push for more funding to address underfunding in the judiciary,” he added.