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| Appeal due over decision to halt fraud trial amid legal aid row | |
| (about 1 hour later) | |
| The Court of Appeal is to hear a legal challenge against a judge's decision to halt a serious fraud trial after the defendants said legal aid cuts meant they could not find barristers to represent them. | The Court of Appeal is to hear a legal challenge against a judge's decision to halt a serious fraud trial after the defendants said legal aid cuts meant they could not find barristers to represent them. |
| The Financial Conduct Authority, which is prosecuting, will seek to overturn the ruling by Judge Anthony Leonard. | The Financial Conduct Authority, which is prosecuting, will seek to overturn the ruling by Judge Anthony Leonard. |
| Legal aid fees in England and Wales have been cut by up to 30%. | Legal aid fees in England and Wales have been cut by up to 30%. |
| This has seen many barristers refusing to take on long or complex cases. | This has seen many barristers refusing to take on long or complex cases. |
| In his ruling, Judge Leonard said it would be a "violation" of the legal process to allow the prosecution on an alleged £4.9m land fraud to proceed. | In his ruling, Judge Leonard said it would be a "violation" of the legal process to allow the prosecution on an alleged £4.9m land fraud to proceed. |
| The case was brought last year by the Financial Conduct Authority (FCA) against eight men, five of whom were subject to the ruling. | The case was brought last year by the Financial Conduct Authority (FCA) against eight men, five of whom were subject to the ruling. |
| It concerned the activities of Plott UK Ltd, European Property Investments Ltd and Stirling Alexander Ltd between 2008 and 2011. | It concerned the activities of Plott UK Ltd, European Property Investments Ltd and Stirling Alexander Ltd between 2008 and 2011. |
| 'Beyond question' | 'Beyond question' |
| The Ministry of Justice has been seeking to trim its £2bn-a-year legal aid bill. | The Ministry of Justice has been seeking to trim its £2bn-a-year legal aid bill. |
| It says its proposals - due to come into effect after the summer of 2015 - would cut fees in complex, high-cost cases by up to 30%, and in other crown court work by up to 18%. | |
| In protest at the 30% cuts, barristers are refusing to take on the most complex cases. | |
| In their search for suitable representation, the defence team in the fraud case had contacted 70 barrister chambers. Only one barrister put himself forward, but he later withdrew his services. | In their search for suitable representation, the defence team in the fraud case had contacted 70 barrister chambers. Only one barrister put himself forward, but he later withdrew his services. |
| It had been feared the defendants would have to defend themselves - but prosecutors agreed this would have been a breach of their human rights. | It had been feared the defendants would have to defend themselves - but prosecutors agreed this would have been a breach of their human rights. |
| The Ministry of Justice said the government has made sure that the Public Defender Service (PDS) had a number of suitably qualified lawyers who could act in this case. | The Ministry of Justice said the government has made sure that the Public Defender Service (PDS) had a number of suitably qualified lawyers who could act in this case. |
| But in his ruling, Judge Leonard said it was "beyond question" that the PDS was "not in a position to provide sufficient representation", and he refused to adjourn the case. | But in his ruling, Judge Leonard said it was "beyond question" that the PDS was "not in a position to provide sufficient representation", and he refused to adjourn the case. |
| The case against the men was "complex and substantial", the court heard, involving 46,030 pages of evidence and 864,000 lines of spreadsheet data. | The case against the men was "complex and substantial", the court heard, involving 46,030 pages of evidence and 864,000 lines of spreadsheet data. |
| The stand-off over fees could affect other fraud trials due to take place. The FCA has said four defendants in a trial scheduled for September are currently unrepresented, and the Crown Prosecution Service has three fraud-related cases in which there are also no defence barristers. |