A Northern Ireland judge has warned that defendants will have to represent themselves at criminal trial unless a dispute over barristers’ pay is settled soon, the Belfast Telegraph can reveal.

Mr Justice Hart — speaking with the approval of the Lord Chief Justice — made the warning as the dispute between barristers and the body that runs Northern Ireland’s multi-million pound legal aid scheme reaches crisis level.

Delays by the Legal Services Commission in making legal aid payments to counsel in high cost cases has led barristers to hand back their files in protest — resulting in delays bringing some cases to trial.

In a strongly worded recent statement to members of the legal profession, however, Mr Justice Hart said trials “cannot be adjourned indefinitely” in cases where barristers have withdrawn their services because of the dispute.

He said that if replacement counsel cannot be found “then it is the responsibility of the defendant’s solicitor to exercise their right to conduct the defence of his or her client without the services of counsel”.

If a solicitor does not wish to do this and withdraws from representing the client, Mr Justice Hart said: “the defendant will have to represent him or herself at trial.”

He added that barristers have been withdrawing from high cost trial cases because they were “not satisfied that they would receive payment of their fees from the Legal Services Commission within a reasonable period after the conclusion of the trial”.

The Northern Ireland Court Service today said it is hopeful for a breakthrough in the dispute soon.

In December three major fraud trials had to be adjourned after barristers in the cases handed back their files.

Another high profile case that had to be adjourned after counsel withdrew because of the dispute is that of solicitor Manmohan ‘Johnny’ Sandhu who is accused of inciting murder and perverting the course of justice after he was bugged by police.

Mr Justice Hart said it was not for the court to express a view as to the reasons that led counsel in some cases to take this course of action, but he raised concern over the cases having to be adjourned.

He said new dates will be set for the adjourned cases and that the following matters will be taken into account:

l It is the responsibility of each individual solicitor to take every possible step to obtain the services of alternative counsel when the original counsel has returned his or her brief for a client

l If an individual solicitor still cannot obtain the services of counsel then ? it is the responsibility of each solicitor to exercise their right to conduct the defence of his or her client at trial without the services of counsel

l If a solicitor is not prepared to exercise his or her right as an advocate to defend his or her client ? then it is the solicitor’s duty to give the client sufficient notice of his or her intention to do so

l If a defendant is left without the services of counsel and solicitor then the defendant will have to represent him or herself.

A Court Service spokeswoman today said that the Court Service and the Bar have been “actively engaged in discussions to bring this dispute to a resolution”. She added: “Progress has been made in the discussions and we are hopeful that a successful resolution will be reached shortly.”

A spokesman for the Law Society of Northern Ireland, which represents solicitors in the province, said it has raised concerns of members and their clients with the relevant bodies about how they are being affected by the dispute. He added that the society is “hopeful that a satisfactory resolution will soon be found”.

Mr Justice Hart’s statement was made just weeks after The Belfast Telegraph revealed that an independent Landscape Review of the Legal Services Commission claimed it was structurally and managerially “not fit for purpose”.

The commission, responsible for funding legal aid in civil and criminal cases, has said “good progress” has now been made to address the report’s findings.