Grayling’s minions suggest that the greedy bastards in silk who turned down Operation Cotton (i.e. me and anyone and everyone else able to do VHCC work) would still get paid £100,000. This has, as per usual, been adopted by lazy journalists who would like to do v little work for their money but would simultaneously like to criticise the bar for allegedly adopting precisely the same stance. Ross Clark of The Times took this line on Saturday.
The reason I call it lazy is that the maths are so simple that even I can do them. We don’t need the wizardry of Dan Bunting for this.
Step one: at §63 the Judge said that the PDS advocates (working a 37 hour week!) would take 12 weeks to prepare the case. He even helpfully calculated the hours as 450 (actually 444 but who cares?).
Step two: the case is, presumably, a category 2 case. Silk rates under the new proposals are £79.10 per hour.
Step three: taking out my phone and using its calculator function I multiply 450 by 79.10 to produce £35,595. If Cotton is a cat 3 case that figure would be £28,665. If it is a cat 1 case the figure would be £45,675.
Step four: I can do the same calculation for the juniors, who the Men from the Ministry said would earn £60,000. Assuming the prep to be the same – which is probably giving the MoJ the best of it – the figures are: Cat 1 – £28,665. Cat 2 – £22,995. Cat 3 – £19,215.
Step 5: I add the daily refresher. Op Cotton is said to be a 5 month case. Let’s assume that is 100 working days. For silks that produces another £33,320. For juniors another £17,640.
Step 6: I add these figures together. A silk gets a likely figure of £68,915 (maximum £78,995: minimum £61,985). A junior gets a likely figure of £40,635 (maximum £46,305: minimum £36,855).
These figures share something. They share the fact that the MoJ have overestimated them by approximately 50%.
On the basis that Op Cotton is 8 months work, it also means that a silk doing this work would expect to earn £100,000 pa, assuming that they were employed 52 weeks a year without a holiday, and a junior £60,000 pa. Making it unlikely that the MoJ’s view of our average earnings is any more accurate than its spin on the figures for this case.
Of course, it is possible that the MoJ simply couldn’t do the maths. What do you think?