The comments had originally been made by Judge Mary Rose Gearty in July when hearing a challenge to the new flat fee scheme for criminal legal aid from Dublin solicitor John Quinn. Judgment in that case was due yesterday but has been deferred to 3 November.

Judge Siobhán Phelan, managing the High Court list, reminded parties of Judge Geartys’ call to “use their own endeavours” to resolve the dispute.

Solicitors have been withdrawing their services since June in opposition to the “one accused, one fee” model for criminal legal aid that was introduced by justice minister Jim O’Callaghan on 1 July. Under the new scheme solicitors will receive one fixed fee of €520 for representing a legally aided person before the District Court. Previously solicitors were paid €239.38 for a first appearance and €59.86 for each subsequent appearance.

The Law Society has called for mediation to resolve the dispute, but this has not been taken up by the justice minister.

The Law Society said: “The comments from the High Court are significant and follow concerns expressed by the Chief Justice who last week said the continuation of the dispute between criminal defence solicitors and the Department of Justice was a matter of concern to him and to judges generally.

“The Law Society agrees that this matter needs to be resolved without any further delay and again calls on the minister and his officials to meet directly, as the minister has previously ruled out mediation. The Law Society has repeatedly sought to resolve this dispute. Our objective is to secure an effective and sustainable criminal legal aid system that protects access to justice and commands the confidence of those who use it.”