Partner Andrew Gilmore has provided comment in Law360 on potential impacts of the SFO’s recent pay rise for barristers, the first since 2007, discussing whether this will increase the number of leading silks taking on SFO work.

Commenting on whether the rise to £40/hour will make a meaningful difference to top counsel, Andrew said: “Whilst the rate increase will undoubtedly make some difference in enticing top counsel to take SFO briefs, the rates are still below other comparable govt rates in the civil law sector.

“However, £40 per hour, in a serious and complex fraud that could take years to both investigate and bring to court, could make a significant difference to that earned by top counsel in the criminal fraud sector, especially given that the SFO frequently instruct counsel to advise at a very early stage in their investigations.”

Andrew went on to provide clarity as to the current rates for defence counsel, noting: “If one takes a King’s Counsel instructed on behalf of a defendant who is on legal aid, the hourly charge for preparation and for their advocacy day rates, when in court, would be broadly comparable to the SFO’s, historically. The new rate increase for SFO instructions would put them slightly ahead in the fees race, but not significantly so.

“If a defendant was funded privately, it would of course depend on the finances of the client and the agreement reached with counsel upon instruction. It would be reasonable to suggest that on the whole, private paying clients would likely pay their counsel at a much higher hourly rate than either legal aid or those paid by the SFO – perhaps as much as two or three times more.”

He further delved into whether the nature of SFO work is the primary draw for top counsel, stating: “Prosecuting SFO cases have always had other attractions for top KCs, over and above the remuneration. Complex and sophisticated frauds are seen as something of a cerebral badge of honour for top silks, and the lengthy nature of such trials and the preliminary work involved means that a silk can happily fill out their diaries with work for months, if not years at a time – a major plus as barristers are usually self-employed.

“Due to these factors, I would not anticipate much difference in the uptake of KCs drawn to performing SFO work. Further, my experience is that many of the top silks in the country already have a mixed practice, taking instruction from prosecuting bodies like the SFO, as well as defence work, both private and legal aid. I would not expect this to change significantly in the near future.”

Andrew’s comments were published in Law360, 9 September 2025.