Barristers to withdraw from all crown court cases as fee dispute escalates

Criminal barristers are to withdraw from all crown court cases in Northern Ireland amid an escalating dispute over legal aid fees.

Counsel in the region had already withdrawn their services in some legal-aid funded cases this year due to the long-running dispute with Stormont’s Department of Justice.

Barristers are now set to ramp up their action in January by not participating in any current cases before the crown courts.

Of 193 members of the Criminal Bar Association (CBA) who voted on the proposal, 89% backed the full withdrawal of services.

The CBA insists fees for legally-aided criminal work have not been increased since 2005, making them worth just 50% of their original value.

Justice minister Naomi Long has committed to increasing their fee rates by 16% and said she was “profoundly disappointed” by the latest escalation.

However, barristers insist that the 16% uplift falls “significantly short of 20 years of accumulated inflationary pressures”.

The Bar Council said it had been “sounding the alarm” on the situation for some time.

In a statement, the council said: “The Bar Council regrets that the situation has reached this point and acknowledges that this escalated action will have a profound impact on Northern Ireland’s criminal justice system, including upon victims of crime, defendants,and civilian witnesses.”

It added: “Criminal barristers want to be in court, representing their clients, running and resolving criminal cases – cases that often involve deeply complex and serious matters.

“The Criminal Bar Association has not taken the decision to increase its withdrawal of services lightly. Indeed, it comes after an extended period of patient forbearance amidst a steadily worsening crisis, a crisis which the Department of Justice appears to be reluctant even to acknowledge.”

The Bar Council statement continued: “In December 2024, the Justice Minister announced the first interim fee uplift in 20 years for crown court work and she later undertook to have it in place by May 2025.

“Although welcome as a short-term, interim measure, this increase fell significantly short of 20 years of accumulated inflationary pressures.

“Furthermore, it is not expected to be delivered until January 2026 at the earliest, almost 18 months from the date when the increase was recommended by an independent review and more than six months from the date when the minister ought, at the latest, to have delivered it.

“Despite extensive engagement, no other increases have been agreed to date and there is no guarantee of any further increases in the near future.”

The council said it understood the “disillusionment and disenchantment” of criminal barristers, whom it said were dealing with cases of increasing “complexity” but being paid fees that have been “significantly eroded by years of inflation in real terms”.

It added: “The crisis deserves urgent attention and action.

“At present, the Criminal Bar Association represents an exhausted, beleaguered profession that has lost faith in the prospects of receiving, in a defined and reliable timescale, a guarantee of remuneration that fairly reflects the time and skill required to deliver these vital public services.”

The Bar Council said mediation could provide a way to progress the dispute.

“It is essential, however, that this engagement is meaningful, that it proceeds at pace, that it yields urgent action and concrete commitments that appropriately address the deepening crisis, and that it delivers the long overdue reforms necessary to enable criminal barristers to return to this vitally important area of work,” it added.

“The Bar Council will meet in full to discuss this development early next week and we undertake to engage with all concerned parties in the time ahead.”

Justice Minister Ms Long said barristers were pressing for “unrealistic and unaffordable” fee increases.

“I am profoundly disappointed and frustrated at the decision of the Criminal Bar to begin a full withdrawal of services in the crown court from January 5 2026,” she said.

“It is clear they want to leverage further trauma and stress on victims and witnesses to advance their arguments for unrealistic and unaffordable significant increases to legal aid fees paid to defence counsel.

“My first thoughts are with the victims and witnesses who will be adversely affected by this very regrettable development.

“As Justice Minister, my priority is ensuring that the justice system doesn’t exacerbate the trauma and distress already endured by victims and witnesses; steps are being taken to mitigate the harm that will arise as a result of the Criminal Bar’s entirely unnecessary decision.”

The minister said the action risked creating further delay in the court system as she warned that people may spend more time in custody than may be necessary.

“My officials and I have been working hard with the legal profession to deliver a sustainable service which provides adequate recompense for barristers and solicitors,” she added.

“This process has not been about withholding money from anyone. The CBA decision to escalate their withdrawal of service was taken less than two days after being informed that a 16% uplift to legal aid fees  – backdated to December 1 2024 – would come into effect week commencing January 5 2026.

“This illustrates my commitment and willingness to put in place payments that reflect the work that is being done.”

The minister said she was working with a “constrained budget” and it was incumbent upon her to ensure that expenditure represents “value for money”.

The minister said the CBA’s decision as “disappointing and baffling”.

“This decision undermines my confidence that the CBA is committed to meaningful engagement,” she said.

“My department and I will continue to engage constructively with those who are serious about bringing about meaningful change.

“I am determined that we have a legal system that delivers justice and value for money while also creating an environment in which younger and female legal professionals can gain the experience they need to progress in their career.”