Partner Richard Cannon comments on the SFO’s rate increase for counsel, in Law360

Partner Richard Cannon comments on the potential impact of the SFO’s rate increase, and how it compares with privately funded cases.

Richard’s comments were published in Law360, 8 September 2025.

Does a £40/hour rate increase (the first since 2007) make a difference? Is it a meaningful amount of money that will entice top counsel?

“A £40/hour increase represents roughly a 25% rise, which is significant. Whether it will entice top counsel, however, depends on the other opportunities they have available. Compared to privately funded work, this rate still falls short, but it does compare more favourably to other publicly funded work.”

I appreciate there’s a range, but what would defence counsel (working on the opposite side of the SFO) expect to make hourly for a private client? How about a client on legal aid?

“It’s a tricky comparison. For a privately funded case, these rates are considered low. Legal Aid is more complex, as counsel are not paid by the hour but rather through fixed fees, which are calculated based on factors such as the page count and complexity of the case.”

If the rate increase isn’t expected to have the financial power to draw in more KC’s, should we expect counsel to take on SFO cases for other reasons, like the interesting nature of the work? 

“SFO work carries a certain degree of prestige. Additionally, these cases are typically large in scale, both in preparation and trial length, offering a level of security and predictability in terms of billable hours for the counsel involved.”

Disclosure counsel has long been considered an Achilles heel for the SFO. Does this rate increase, along with the one of 21% back in 2023, help address that historic weakness?

“Disclosure counsel is not necessarily the Achilles heel or historic weakness of the SFO – failure in disclosure may have been more down to tech failings and internal culture. The current increase is 4.25% which works out at £12 per day and will unlikely make any meaningful impact. The future of effective disclosure lies in the harnessing of AI, subject to rigorous quality control.”