Criminal barristers in England and Wales vote to go on all-out strikeon August 22, 2022 at 8:40 am

Barristers have voted to go on an indefinite, uninterrupted strike in England and Wales from next month.

The walkout by members of the Criminal Bar Association (CBA) will begin on 5 September.

Until now, members have been striking on alternate weeks in a dispute with the government over pay, working conditions and legal aid funding.

The strikes are expected to delay thousands of cases, leaving victims and the accused waiting longer for justice.

The current strike action means members are already scheduled to strike on 30 August, meaning members’ last working day will be on Friday.

Out of 2,273 votes cast, an overwhelming 1,808 members voted to escalate the strike, while 258 were in favour of continuing the current action.

Justice Minister Sarah Dines said the decision was “wholly unjustified”.

“This is an irresponsible decision that will only see more victims face further delays and distress,” she said.

“The escalation of strike action is wholly unjustified considering we are increasing criminal barristers’ fees by 15%, which will see the typical barrister earn around £7,000 more a year.”

Courts in England and Wales are already dealing with a large backlog of cases, due in large part to the pandemic – figures from HM Courts and Tribunal Service at the end of April show there were 58,271 cases waiting to go to trial.

The CBA is asking for a 25% rise in pay for legal aid work, when they represent defendants who could not otherwise afford lawyers.

Criminal barristers are due to receive a 15% fee rise from the end of September, with the MoJ saying the increase would see the average barrister earn about £7,000 more annually.

But members of the CBA have rejected the government’s pay offer, saying it would not kick in immediately or apply to existing cases.

Some 6,235 court cases were disrupted during the first 19 days of industrial action between 27 June and 5 August – including 1,415 trials – according to the government.

Barristers are self-employed and often perceived as highly-paid.

The median salary for a criminal barrister in the year 2019-20 was £79,800, according to an independent review.

But that figure falls to a range of £55,900 to £62,900 once expenses are accounted for.

Meanwhile, new criminal barristers can earn as little as £9,000 once costs, including transport, are factored in, while some barristers say the time they spend preparing cases means their hourly earnings are below minimum wage.

Barristers with zero, one or two years of practice earned a median of £25,100 before expenses and a net figure of £18,800 after expenses.

Lawyers who work in other areas, such as private corporate law, can expect to earn £100,000 a year from very early in their careers.