A judge in Southwark Crown Court has taken the highly unusual step of halting the trial of a serious fraud case after legal aid cuts meant that the defendants were unable to obtain adequate representation, reports the BBC.
The situation arose because barristers are currently in dispute with the Government over the introduction of 30% cuts to legal aid fees, and as a result many are refusing to take on complex cases.
The case in question was a highly complex one that had been brought by the Financial Conduct Authority (FCA) against a group of men who were accused of running a fraudulent land banking scheme. The evidence involved in the case was described by the judge as “complex and substantial”, and the relevant documentation amounted to over 46,000 pages.
Solicitors representing the defendants had apparently contacted 70 different chambers in an attempt to find barristers to represent them, but were unsuccessful.
The judge commented that “to allow the State an adjournment to put right its failure to provide the necessary resources to permit a fair trial to take place now amounts to a violation of the process of this court.”
He therefore announced his decision to halt proceedings against the defendants.
The FCA recently announced that it will be seeking leave to appeal against the ruling.
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This blog post is intended as a news item only - no connection between Lewis Nedas and the parties concerned is intended or implied.