Falkirk solicitors to boycott new Sheriff Appeal Court

Solicitors in Falkirk are to boycott a new appeal court in a protest against rates of pay.

The Sheriff Appeal Court will hear appeals from sheriff and JP courts which are typically less complex than those from the High Court.

But solicitors have complained about the levels of legal aid fees, saying they have not risen since 1992.

The Scottish government said it would review the working of the court and the fees as part of wider legal aid reform.

The Falkirk & District Faculty of Solicitors, which covers Justice Secretary Michael Matheson's own constituency, has decided that its members will not be attending the court.

In an open letter to Mr Matheson, Falkirk solicitor Willie McIntyre, says it is becoming unaffordable to represent clients seeking an appeal.

He writes: "I see that the proposed rates of pay for solicitors are to be as set out in the Criminal Legal Aid (Fees) Scotland) Regulations 1989. Rates which were last increased in 1992!

"Why is this? Unfortunately, none of my overheads have remained frozen in time and my staff seem to expect annual pay-rises at least in line with inflation.

"It is true that some of the discount retailers do their best, but I have been unable to find a local supermarket that will sell me goods at 1992 prices."

Other lawyers groups have complained that the court will be presided over by senior sheriffs and the Crown represented by advocates-depute - while appellants will only have access to a solicitor.

A Scottish government spokesperson said: "We are confident that clients accessing the new Sheriff Appeal Court will continue to have access to justice and will not be adversely affected by the legal aid fee structure being put in place.

"We are committed to working with the Law Society of Scotland and the Scottish Legal Aid Board (SLAB) to review fee structures to ensure these reflect the work that solicitors need to do, preserve access to justice for clients and support the effective operation of the courts.

"The number of summary appeal cases are relatively small and will form only a small proportion of the solicitors' workload."-

The spokesperson added: "We fully intend to review the operation of the Sheriff Appeal Court in practice and will revisit the fees as part of the wider range of legal aid reform which we have discussed with the Society and wider group of stakeholders."

The new court will sit for the first time on 22 September.