It is an interesting conundrum, because a solicitor could ask for the bail act in to be listed chambers and then has right to appear whether higher rights or not, so hard to argue (if challenged) that you could not find anyone to attend.
As a freelance HCA I will be declining your kind offers to do pro-bono bail apps in post 01/04 cases, but whether that protects fee-earners or firms from criticism if could cover as above may be a different matter.
So is the answer to list for bail app, and ask for it in chambers so a non-HCAsolicitor can attend, as unable to find counsel/HCA to attend?
That way:-
-client gets bail app
-its not pro-bono
-strike not broken, and indeed person attending can outline the difficulties in getting an advocate instructed for PTPH
-the case is not progressed, because the PTPH will remain uncovered whether bail app made or not, so making a bail app or not does not effect the action one way or another

This is just something i have thought of, happy to be corrected, and not an LCCSA policy BTW 

Greg

Greg Foxsmith, 
07980 846330




On 25 Apr 2018, at 15:05, Tony Marshall <tony@alexander-johnson.co.uk> wrote:

It is, of course, a personal decision but I do not see that a bail application progresses the matter at all. In all honesty CC Bail App s where it would be an injustice not to make one is still pretty uncommon.
I wouldn’t necessarily make a CC Bail App just because it s a client s right but if a client wants one and has a decent chance of success I would do it pro bono without progressing the case at all. I also think if we, as defence sol’s, have an LA Order then it is arguable that we are contractually bound to make a CC Bail application particularly where the case remains in the MC.

Tony Marshall
Solicitor
Alexander Johnson
Sent from my iPhone

On 25 Apr 2018, at 14:57, Liz Sargeant <Liz@needhampoulier.co.uk> wrote:

Dawn
I agree.
Liz

Sent from my iPhone

On 25 Apr 2018, at 14:50, DAWN BURROWS <dburrows1@hotmail.com> wrote:

I appreciate that we do not want our clients to suffer from the strike action but if we are working pro bono aren't we defeating the purpose of the strike? 

We are trying to ensure the future of the profession for all our clients, current and future. 

None of us want to be striking, none of us want to see clients left without advocates for bail applications (or any hearings) but we have been forced into this corner by successive governments and working pro bono is exactly what the authorities are relying on - our sense of duty to our client. In some ways that has been our downfall before.  

My sense of duty now has to be to the greater cause - I appreciate each of us must make our own decisions but the line has to be drawn somewhere.

Dawn Burrows
  
From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> on behalf of Tony Marshall <tony@alexander-johnson.co.uk>
Sent: 25 April 2018 13:37
To: Trudy Maduro; LCCSA
Subject: RE: Post 01/04/18 CC MATTERS
 

My view is that if in custody a bail application is made but prior to the PTPH and the Advocate does the Bail App pro bono making it clear that it is pro bono as Advocate and not instructed for PTPH

 

Tony Marshall

Alexander Johnson Solicitors

246 Bethnal Green Road

London E2 0AA

Tel: 020 7739 1563

Fax: 020 7729 9326

tony@alexander-johnson.co.uk

 

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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of Trudy Maduro
Sent: 25 April 2018 14:19
To: LCCSA <members@mail.lccsa.org.uk>
Subject: Post 01/04/18 CC MATTERS

 

Dear members, 

 

does the position remain the same for those in custody? How are the courts dealing with this?

Thanks

TRUDY Maduro

 

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