Legislation

Article: Action Plan for UK Legal Services

The Bar Council has backed a government “Action Plan” to promote the UK’s legal services sector overseas.

Article: AGF guidance

The first tranche of 4.5 per cent cuts to all advocates graduated fees took effect from 27 April 2010. There will be further cuts in April 2011 and April 2012. Disbursements, such as travel and accommodation, are not affected by the fee changes.

Article: Attorney General delivers Annual Law Reform Lecture

THE Annual Law Reform Lecture was delivered on Thursday 20 November, with the Attorney General, the Rt Hon Baroness Scotland of Asthal QC, delivering a speech entitled ‘Justice for All: closing the gap for fraud victims’. The speech set out the...

Article: AUTHENTIC ACTS

In December, the European Parliament adopted a resolution calling on the Commission to issue a proposal on the recognition of authentic acts as defined in the ECJ case law. The legal profession was lobbying for something wider in scope, offering the...

Article: Bar and Law Society voice concerns over Best Value Tendering scheme

ACCESS to justice is at risk as the Government ploughs on with its reckless approach to Best Value Tendering said the Law Society, the Bar Council and the Criminal Bar Association as they submitted their responses to the Legal Services Commission's...

Article: Bar Chairman calls for Bar to modernise

THE Chairman of the Bar, Nicholas Green QC, has called for the Bar to continue to modernise as it enters a new era of legal services provision. Speaking at a meeting of the All Party Parliamentary Group for Legal and Constitutional Affairs in the...

Article: Bar Council and Criminal Bar Association express concerns over Coroners and Justice Bill

THE Bar Council and the Criminal Bar Association have voiced their concerns over the Coroners and Justice Bill, which receives its Second Reading in the House of Commons. A briefing sent to parliamentarians set out concerns in a number of key areas...

Article: Bar Council Chair calls for considered approach to lawmaking

NICHOLAS Green QC, the Chairman of the Bar Council, called on the Government to take a more considered approach to lawmaking as Liberal Democrat Conference delegates came together to consider the repeal of some of the huge number of criminal offences...

Article: Bar Council launches court action over consultations

The Ministry of Justice is refusing Bar Council requests to extend the deadline for “inadequate and unfair” consultations on Very High Cost Cases (“VHCCs”) and advocates’ graduated fees despite threats of judicial review. Solicitors acting for the Bar...

Article: Bar Council remains concerned over some aspects of the Coroners and Justice Bill

THE Coroners and Justice Bill has begun its Report Stage in the House of Commons. The Bar Council, and the Criminal Bar Association, have welcomed Government concessions in relation to information sharing and in putting the decision for an inquest to...

Article: Bar Council Welcomes Coroners and Justice Act

THE Bar Council and the Criminal Bar Association (CBA) have welcomed the final approval by Parliament of many of the changes for which they had been calling to the Coroners and Justice Bill which received Royal Assent on 12 November 2009. The Bar...

Article: Bar holds symposium on its future

Direct access across the board is inevitable for the Bar, according to the Chairman of the Bar Council.

Article: Bar Standards Board gains its independence

The Bar Council has unanimously approved plans to give the Bar Standards Board (“BSB”) its own constitution, in a move which enshrines its independence.  As of 30 April, the BSB will have powers to appoint committees and approve standing orders and...

Article: Bar welcomes postponement of Best Value Tendering but warns that flaws have still not been addressed

THE Bar Council has welcomed the announcement by the Legal Services Commission that Best Value Tendering (BVT) will not be introduced before a full evaluation has been undertaken. This follows months of vocal opposition from the Bar Council, the...

Article: Barristers and solicitors unite over best value tendering

The Bar Council and the Law Society have joined forces to warn access to justice is at risk if the government “ploughs on with its reckless approach” to best value tendering (“BVT”).

Article: Barristers ‘gearing up for a revolution in the way they provide their services’ - Bar Chairman. ‘Changes will reduce the cost of going to law’

BARRISTERS in England and Wales are preparing themselves for major changes in the ways they provide legal services, says Bar Chairman Nicholas Green QC. Addressing the first meeting of the 2010 Bar Council, Mr Green said that barristers are ‘gearing u...

Article: Brussels I Regulation Review

The Commission has formally issued its report on the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”, together with a Green Paper setting out options for...

Article: BRUSSELS I REGULATION REVIEW

The Bar has responded to the Commission’s consultation on the 5 year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. This, and other Bar...

Article: Brussels Office report - June 2011

Date for your diary: “Justice in Times of Austerity” – London, 20 June 2011The Bar Council is hosting a seminar entitled “Justice in Times of Austerity” at the Inns of Court in London on the evening of 20 June 2011, at which Viviane Reding, EU...

Article: BSB approach to new legal structures

The Chair of the Bar Standards Board , Baroness Ruth Deech, talks of the need to take a scrupulous approach when considering barristers’ involvement in new legal structures. The Legal Services Act 2007 allows for different types of lawyer and n...

Article: BSB approves fundamental changes

The Bar Standards Board has paved the way for fundamental changes in barristers’ working practices by giving approval for barristers to supply legal services through the legal structures known as Legal Disciplinary Practices (LDPs). The BSB has taken...

Article: BSB survey

The Bar Standards Board is to conduct a YouGov survey among barristers, clerks and practice managers on their opinions and expectations regarding the new business structures permitted under the Legal Services Act 2007.  The survey will be emailed by...

Article: Clients come first, says Deech

The task of providing “independent quality advice” must take centre stage in any decisions on barristers’ involvement in new legal structures under the Legal Services Act 2007.

Article: CLIMATE CHANGE: EU ADOPTION OF EUROPE'S CLIMATE AND ENERGY PACKAGE

The EU has adopted a world-leading Climate and Energy Package. The package of measures imposes legally binding targets to cut greenhouse gas emissions by 20%; to establish a 20% share for renewable energy; and to improve energy efficiency by 20%, all...

Article: Consolidating Criminal Procedure

The Criminal Procedure Rule Committee has made the first consolidating edition of the Criminal Procedure Rules, which affect all criminal courts in England and Wales.

Article: Constitution Committee outlines concern

House of LordsThe House of Lords constitution committee has highlighted “significant” concerns with the Legal Aid, Sentencing and Punishment of Offenders Bill.

Article: CONSUMER COLLECTIVE REDRESS

In early March, the Bar Council submitted a written response to the Commission’s November 2008 Green Paper on Consumer Collective redress. The Bar expressed no preference either way on the need for, or desirability of, developing collective redress...

Article: Coroner concerns

The Bar Council has set up a working group to examine the Coroners and Justice Bill 2009, published last month.

Article: Coroners Bill warning

“Far-reaching” reforms in the Coroners and Justice Bill need more in-depth consultation, the Bar Council and Criminal Bar Association have warned.

Article: Coroners’ service reforms

Barristers and other interested parties are being asked for their views on how the Ministry of Justice should implement reforms to the coroners’ service. Responses will assist in the drafting of secondary legislation, with a final consultation to be...

Article: Corporate Britain backs direct access

Increase by a third in direct instructions Economic downturn a significant factor Use of direct access – where clients instruct a barrister directly as opposed to via a solicitor – is soaring as corporate counsel seek to cut costs during the...

Article: Data reprieve

The Government is to drop the controversial clause in the Coroners and Justice Bill allowing public bodies to share information on individuals.

Article: Draft Bill “May Make Things Worse”

DefamationThe Civil Justice Council (CJC) has delivered a blistering verdict on the draft Defamation Bill.

Article: ECJ JUDGMENT ON MAXIMUM HARMONIZATION UNDER THE UNFAIR COMMERCIAL PRACTICES DIRECTIVE - ECJ JOINED CASES: 261/07 AND 299/07

The judgment reconfirms the Unfair Commercial Practices Directive 2005/29/EC as a maximum harmonisation directive, holding that Member States may not adopt measures that are more restrictive, even in order to ensure a higher level of consumer...

Article: Embracing regulatory change

Regulation is not about consensus, Sir David Clementi told the audience at the second annual Clementi Debate.

Article: EU CONSUMER RIGHTS DIRECTIVE

The Bar is cooperating with other interested bodies at both national and EU level to debate the implications and respond to the Commission’s 2008 proposal for an EU consumer rights directive, a horizontal measure codifying and updating 4 existing EU...

Article: EU CONSUMER RIGHTS DIRECTIVE

The Bar has formally responded to both the UK Department for Business, Enterprise and Regulatory Reform (“BERR”) consultation on this 2008 proposal; and to the House of Lords EU Subcommittee G inquiry, covering similar ground.

Article: EUROPEAN CONTRACT LAW AND THE COMMON FRAME OF REFERENCE

In early 2009, DG Justice, Liberty and Security took over Commission competence for this file from DG SANCO (Consumer Protection) . It intends to issue a Communication towards the end of this year, setting out its plans to convert the academic CFR into...

Article: EUROPEAN CONTRACT LAW AND THE DRAFT COMMON FRAME OF REFERENCE

At the end of 2008, the JHA Council adopted a report on the Common Frame of Reference for European contract law (“CFR”), reiterating its April 2008 position that the CFR would be a non-binding legal instrument, shaped as a set of guidelines to be used by...

Article: Every family matters

Access to justice must be a priority for the government, according to a report from the Centre for Social Justice.

Article: Family legal aid plans torn apart in damning Justice Select Committee report

LEGAL Services Commission proposals to cut legal support for vulnerable children and families have been savaged in a damning report from the all-party Justice Select Committee. The report, published today, concludes that 'proposals for reform were...

Article: Fee-sharing favours solicitor-advocates over barristers

Solicitor-advocates may be appointed for cases beyond their competency because of a desire to keep costs low, a report commissioned by the Legal Services Board (“LSB”) has found.

Article: FORTHCOMING PROPOSAL ON SUCCESSION AND WILLS

By the time of reading, the long-awaited Commission proposal for an EU regulation on jurisdiction and applicable law in the field of succession and wills should either have been adopted by the Commission, or put on ice until the autumn. When it is...

Article: FRAMEWORK DECISIONS ADOPTED AT JHA COUNCIL END FEBRUARY 2009.:

Council framework decision on the organisation and content of the exchange of information extracted from criminal records between Member States; and Council Framework Decision on “in absentia judgments”, amending 5 existing decisions, including the...

Article: GUIDANCE ON ROME II – APPLICABLE LAW IN NON-CONTRACTUAL MATTERS

The Rome II regulation on applicable law in non-contractual obligations, definitively adopted in July 2007, entered into force on 11 January 2009. The Ministry of Justice has recently issued guidance on its...

Article: Historic liberalisation of permitted practice at the Bar

The Legal Services Board approves Bar Standards Board applications designed to relax provisions in Code of Conduct for barristers’ working practices

Article: History made as Code relaxed

Barristers can work in partnerships, attend police stations, conduct correspondence and investigate evidence under historic changes to the Bar’s Code of Conduct. They can also become managers of Legal Disciplinary Practices (“LDPs”); work in both a...

Article: Important information for pupil barristers and pupil supervisors

When the relevant parts of the Legal Services Act 2007 came into force on the 1 January 2010, it became a criminal offence to undertake a reserved legal activity, such as exercising a right of audience without having in force a valid practising...

Article: Important information for pupil barristers and pupil supervisors

When the relevant parts of the Legal Services Act 2007 come into force on 1 January 2010, it will become a criminal offence to undertake a reserved legal activity, such as exercising a right of audience without having in force a valid practising...

Article: Important information for pupil barristers coming to the end of their first six

When the relevant parts of the Legal Services Act 2007 came into force on the 1 January 2010, it became a criminal offence to undertake a reserved legal activity, such as exercising a right of audience, without having in force a valid practising...

Article: Important information for pupil barristers coming to the end of their first six

When the relevant parts of the Legal Services Act 2007 came into force on the 1 January 2010, it became a criminal offence to undertake a reserved legal activity, such as exercising a right of audience, without having in force a valid practising...

Article: INTERNATIONAL STANDARDS FOR STATUTORY AUDIT OF EU COMPANIES?

The European Commission is consulting the public to determine whether International Standards on Auditing (ISAs) should be adoptedin the EU. The deadline is 15 September 2009. See: http://ec.europa.eu/internal_market/auditing/isa/index_en.htm

Article: Junior Bar suffering under “lax” legal aid regime

MPs have warned legal aid reforms are threatening the future of the junior Bar, in a damning report on the Legal Services Commission (“LSC”). The Committee of Public Accounts (“PAC”) report into legal aid procurement, published in February, critici...

Article: Law Commission fears over criminal expert evidence

Current laws on admissibility of expert evidence in criminal trials are “unsatisfactory” and may have led to miscarriages of justice, according to the Law Commission.

Article: Law Reform Lecture and Essay Competition 2009

The Law Reform Committee essay competition 2009 was won by Tom Cleaver with his essay “Modernising the Law of Markets and Fairs". Second place went to Liam Loughlin for his entry "Reforming the Law Concerning Physician Assisted Suicide". The winner of...

Article: Legal aid reforms postponed

ProfessionProposed reforms contained in the Legal Aid, Sentencing and Punishment of Offenders Bill would, if the Bill becomes law, be postponed until April 2013, six months later than the original date for implementation.

Article: Legal regulator sets out its table

The Legal Services Board (LSB) has unveiled its vision for the next five years.

Article: Legal Services Act - policy development opportunities

Secondment: 2-3 days a week, 12 months duration starting February/March 2009 (daily rate payable, dependent on seniority/experience) The Bar Standards Board is currently considering the impact of the Legal Services Act 2007 on the provision of legal...

Article: Liberalising the law

The Legal Services Board (“LSB”) has published new details on liberalising legal services. The consultation paper, “Alternative Business Structures: Approaches to Licensing”, proposes guidance to govern the licensing of alternative business structu...

Article: Lord Chancellor gives evidence to Justice Select Committee

“I am more inclined to judicial discretion than some of my predecessors”, the Secretary of State for Justice and Lord Chancellor, Ken Clarke QC, declared to the Justice Select Committee on 21 July 2010.

Article: Lord Neuberger urges scrutiny of the constitution

Calls for Royal Commission to examine consitutional framework It is time for a close look at the British constitution, the Master of the Rolls has said.

Article: MOTOR INSURANCE UNDER ROME II – COMMISSION CONSULTATION

The Commission has just completed an important consultation on the effects of the application of foreign law on claims arising from cross-border road traffic accidents, currently dealt with under Article 4 of EC regulation 864/2007 (applicable law in...

Article: NAO critical of legal aid reforms

The Legal Services Commission (“LSC”) has come under fire over its criminal legal aid reforms in a devastating National Audit Office (“NAO”) report. The report, into the procurement of criminal legal aid, warns that reforms to criminal legal aid...

Article: NAO identifies significant weaknesses in legal aid administration

THE Bar Council has welcomed the report on the procurement of criminal legal aid in England and Wales, which has been published by the National Audit Office (NAO). The NAO’s report examines the procurement of criminal legal aid by the Legal Services...

Article: New faces in the coalition government

Barristers Dominic Grieve QC and Edward Garnier QC have been appointed Attorney General and Solicitor General respectively in the new Con–Lib Dem coalition government.

Article: No OLC barristers

The Legal Services Board has appointed solicitors but no barristers to the Office for Legal Complaints, the new consumer complaints body. The six successful candidates—three solicitors and three non-lawyers—will serve for three years.

Article: Oversight regulator could have “enter and search” powers

The Legal Services Board (“LSB”) will have powers to enter and search the premises of the Bar Council and other legal profession regulators under government proposals. The Ministry of Justice is consulting on the enforcement powers of the LSB when it...

Article: Policing and crime

The Bar Council has produced a parliamentary briefing on the Policing and Crime Bill 2009, which received its second Commons reading last month.

Article: Practising certificate

As of 1 January 2010, barristers will be committing a criminal offence if they carry out reserved legal activities without a practising certificate. The Bar Council is therefore reminding its members to apply in good time. Also from this date,...

Article: Pre-election promises

Barristers gleaned a hint of what the future may hold, with the emergence of a rash of political manifestos launched in April. The three main parties outlined their promises for legal reform ahead of the general election, as politicians jockeyed for...

Article: PROCEDURAL RIGHTS – COMMISSION STILL SEEKING A WAY FORWARD

The Commission would like to re-issue its previously aborted proposal for a Framework Decision on minimum procedural safeguards for suspects and defendants in criminal matters. However, a more piecemeal approach may be all that the Council will...

Article: PROCEDURAL RIGHTS – COMMISSION TO REISSUE PROPOSAL

The Commission is making no secret of the fact that it intends to re-issue its proposal for a Framework Decision on minimum procedural safeguards for suspects and defendants in criminal cases. The Swedish Presidency of the Council (second half of...

Article: PROTECTION OF THE ENVIRONMENT THROUGH THE CRIMINAL LAW

Directive 2008/99/EC, whereby criminal sanctions can be applied for breach of environmental measures (Official Journal L 328 of 06/12/08 ), entered into force on 26 December 2008, and must be implemented into Member States’ law by the end of 2010.

Article: Protocol on law reform

The Lord Chancellor and the Law Commission for England and Wales have agreed a statutory protocol on how government departments and the Law Commission should work together on law reform projects. Under the protocol, government departments will keep...

Article: Queen’s Speech

The last Queen’s Speech before next year’s General Election covered an ambitious range of measures, including free social care for theneediest pensioners, help for consumers to bring group legal action against fi nancial institutions and compulsory...

Article: Second consultation on legal services reforms

Barristers should be allowed to become managers of Legal Disciplinary Partnerships (LDPs) and to supply legal services to the public when employed by LDPs regulated by the Solicitors Regulatory Authority (SRA). 

Article: Solicitors Regulation Authority (SRA) regulation of legal disciplinary practices

The SRA plans to commence the regulation of legal disciplinary practices (LDP) in March 2009. The consultation paper proposes that barristers should be able to join an LDP as either an employee or as a manager. Subject to the outcome of the...

Article: Stability for the publicly funded Bar, modernisation for all barristers - 2010 inaugural speech

SECURING stability for the publicly funded Bar and the need for all barristers to modernise in the fast-moving legal landscape have been set at the heart of the agenda for 2010 by incoming Bar Council Chairman, Nicholas Green QC. The leading...

Article: Surveillance state fears

Legislation is a “crude and inflexible tool” as far as protecting rights of privacy is concerned, Desmond Browne QC has warned.Addressing a Conservative Party Conference fringe meeting, the Chairman of the Bar Council looked at the way the courts and...

Article: Survey of profession on new business structures

The Legal Services Act has dramatically reformed the regulatory landscape for barristers, allowing practise in new business structuresalongside other barristers, legal professionals and nonlawyers.

Article: THE FUTURE STOCKHOLM PROGRAMME ON JUSTICE, LIBERTY AND SECURITY

IN June the Commission issued a Communication setting out what it would like to see the EU prioritise over the next 5 years across the breadth of activity in the Justice Liberty and Security fields. The European institutions will now debate the draft,...

Article: THINK SMALL FIRST – COMPANY LAW

By the time you read this, the European Parliament should have adopted further resolutions in support of the Commission’s “Think Small first” campaign to simplify the operating environment for SMEs, including the proposal creating the European Private...

Article: Third consultation: Implications for the Bar of the Legal Services Act 2007

The BSB published on 27 September its third consultation on the implications for the Bar of the Legal Services Act 2007.

Article: UNFAIR CONTRACT TERMS IN CONSUMER CONTRACTS – ROLE OF NATIONAL COURTS

In Case C-243/08 the ECJ held that in the area of consumer protection, national courts are not limited merely to ruling on the possible unfairness of a contractual term, but must also themselves examine that issue, where requisite legal and factual...

Article: Very high cost scheme revisions welcomed

The Legal Services Commission has toned down its plans for complex criminal cases, following sustained lobbying.

Article: VHCC deal changes

Criminal barristers have reacted angrily to last-minute changes to a deal on Very High Cost Criminal  (“VHCC”) cases. Bar representatives have been negotiating with Ministry of Justice officials for nearly two years to secure a flexible pay scheme for...