IB April 2018
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FROM THE LEADER<br />
In Brief<br />
Published in <strong>April</strong>, August &<br />
December<br />
Editor<br />
Elliw Roberts<br />
St Johns Buildings<br />
24-28 St John Street<br />
Manchester<br />
Tel: 0161 214 1500<br />
elliw.roberts@stjohnsbuildings.co.uk<br />
Leader of the Circuit<br />
Michael Hayton QC<br />
Deans Court Chambers<br />
24 St John Street<br />
Manchester M3 4DF<br />
Tel 0161 214 6000<br />
Adminstrator<br />
Susan Chisholme<br />
Deans Court Chambers<br />
101 Walker Street,<br />
Preston PR1 2RR<br />
DX: 713291 PRESTON 11<br />
Telephone: 0161 660 3848<br />
susan.chisholme@northerncircuit.org.uk<br />
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Northern Circuit by<br />
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2 In Brief<br />
Leader’s Column<br />
Michael Hayton QC, Leader of the Northern Circuit<br />
A late spring has finallly sprung<br />
upon us after courts were closed<br />
in March due to heavy snowfall,<br />
and by the time that In Brief has<br />
hit your pigeon holes, Summer<br />
Term will be well under way.<br />
Whilst the weather may be<br />
somewhat sunnier than in recent<br />
weeks, the outlook in terms of the<br />
Bar is less blue sky and more<br />
storm cloud, at least for criminal<br />
practitioners. 1 <strong>April</strong> <strong>2018</strong><br />
marked the coming into effect of a<br />
revised AGFS scheme of payment<br />
for all defence cases in the Crown<br />
Courts of England and Wales. This<br />
new scheme was the product of a<br />
huge amount of hard labour,<br />
primarily undertaken pro bone by<br />
members of the bar across the<br />
country, over the last three and a<br />
half years. The catalyst for that<br />
work being undertaken were<br />
significant cuts proposed by the<br />
then Minister of Justice, I cannot<br />
find it within me to call him Lord<br />
Chancellor, Christopher Grayling<br />
MP. Those cuts were opposed by<br />
the Bar and the eventual<br />
negotiated position was that the<br />
cuts would be postponed whilst<br />
the Bar created a new scheme<br />
which better reflected the work<br />
done by advocates in Crown<br />
Court cases rather than the<br />
somewhat blunt measure of<br />
complexity employed by the<br />
existing scheme of simply<br />
counting pages and witnesses.<br />
The new scheme is not perfect but<br />
it was recommended by me and<br />
the other Circuit Leaders in a joint<br />
letter circulated to the Bar. What<br />
the Bar Leaders at no stage ever<br />
conceded, was an acceptance<br />
that the stated position of the<br />
Government, namely cost<br />
neutrality as compared with<br />
current budget levels, was<br />
appropriate. In meeting after<br />
meeting at Westminster that I<br />
attended, I and the other Leaders<br />
argued as forcefully as we could<br />
for an increase in the budget to<br />
reflect the fact that in real terms<br />
the criminal bar has suffered more<br />
than a 40% cut in real terms since<br />
we were last granted any rise in<br />
fees. Following a CBA<br />
questionnaire and meetings<br />
conducted around the country,<br />
the recommendation from the<br />
CBA Executive was to take action<br />
until such time as an acceptable<br />
compromise is reached. The sad<br />
reality is that In the grand scheme<br />
of the Government’s total budget<br />
spend, what is likely to be<br />
required to satisfy the Bar that the<br />
Criminal Bar remains a viable<br />
career going forwards, would be a<br />
comparative drop in the fiscal<br />
ocean. I appreciate that these are<br />
troubled times and that often it is<br />
the most junior who are hit the<br />
hardestIn. Please be aware that I<br />
am always available for those<br />
who feel the need to discuss their<br />
current position. Further, if as<br />
matters progress any member has<br />
any concerns about the way that<br />
matters are being conducted<br />
either by the Courts or by<br />
solicitors or by other members of<br />
other circuits, again please get in<br />
touch with me through my<br />
Chambers.<br />
In other sad news on 11 <strong>April</strong> at<br />
Court 4 in Crown Square the<br />
Circuit remembered the former<br />
Honorary Recorder of<br />
Manchester, Sir Andrew Gilbart. It<br />
was a sad occasion but, as he<br />
would have wished it, punctuated<br />
by laughter as Sir Andrew’s<br />
idiosyncrasies were recalled with<br />
fond affection. Illustrating the<br />
regard In which he was held, the<br />
Bench was represented by Sir<br />
Brian Leveson who spoke<br />
movingly of Sir Andrew’s many<br />
abilities, his forceful personality<br />
and, shall we say, his abundance<br />
of self confidence and self belief.<br />
Sir Andrew will be missed as<br />
Judge, man and character and our<br />
thoughts are with his son Tom and<br />
all the Gilbart clan.<br />
The Circuit has lost another great<br />
character in His Honour John<br />
Burke QC. A stalwart of Minshull<br />
Street in the height of one of its<br />
several Golden Ages, his court<br />
was always a place where the Bar<br />
could be guaranteed a courteous<br />
reception as well as treated to his<br />
wry humour. The Circuit will<br />
remember him at a date yet to be<br />
determined.<br />
In happier news since the last<br />
edition of In Brief, two members<br />
have been elevated to the rank of<br />
Queen’s Counsel. Andrew Singer<br />
of Kings Chambers and David<br />
Knifton of Exchange are both<br />
worthy appointments who will<br />
grace the front row for many years<br />
and further enhance our<br />
reputation of producing silks of<br />
the highest quality. In addition<br />
there have been a number of<br />
appointments to the Circuit Bench<br />
including Craig Sephton QC,<br />
previously Circuit Treasurer and<br />
Head of Deans Court Chambers.<br />
His role as Treasurer has been<br />
handed over to safe hands in the<br />
form of Mark Harper QC of Kings<br />
Chambers. Other appointments<br />
include Alison Woodward,<br />
Christine Bispham, Gary<br />
Woodall, Andrew Jeffries QC and<br />
Nicholas Barker.<br />
Further good news can be found<br />
in the somewhat delayed<br />
announcement of new recorders.<br />
The following were the successful<br />
candidates:<br />
-Richard Archer of 15 Winkley<br />
Square;<br />
-Sophie Cartwright of Deans<br />
Court Chambers;<br />
-Matthew Corbett-Jones of<br />
Linenhall Chambers;<br />
-Tom Gilbart of 9, St John Street;<br />
-Alex Leach of Lincoln House;<br />
-Alexandra Simmonds of St John’s<br />
Buildings;<br />
-David Temkin of Exchange<br />
Chambers;<br />
-Ian Unsworth QC of Harrington<br />
Street, and<br />
-Joanne Woodward of 9, St John<br />
Street.<br />
We look forwards to seeing them<br />
all on the bench later in the year<br />
when they have undertaken their<br />
training in Warwick.<br />
Circuit has also recently suffered<br />
the retirements of Martin Steiger<br />
QC and Ian Leeming QC both of<br />
whom have served the Circuit<br />
admirably over many years. How<br />
we will all miss the Steiger<br />
2.35pm mentions and the<br />
adjournments for 17 minutes!<br />
Continued opposite