Features

Toby Craig and Charles Hale give Counsel an overview of this year’s party conferences

When surveying the Parliamentary terrain, particularly over the course of party conferences, there are always particular issues or events which stand out and capture the imagination. It might be a policy division, a sartorial misjudgement, or a “catty” remark in a speech. It is also an opportune moment for negative stories, which have been in the pipelines, to spill out. This year’s conferences proved no exception, though understandably, most eyes fell on the Conservative conference, which drew in the largest numbers. 

Matthew Amey looks at the removal of recoverability of success fees and ATE insurance premiums, and the impact this will have on commercial litigation counsel

Losing recoverability means losing control. Over the past decade, not all barristers have  embraced the idea of sharing risk with their clients through conditional fee arrangements (‘CFAs’). Indeed, some  felt that it adversely affected their independence when providing advice to the client, particularly with regard to settlement offers. 

Timothy Hanson explains the role of the Jurats in the Channel Islands and asks whether this is a system that the English courts should adopt.  

Many legal systems place great importance upon lay persons adjudicating in courts and tribunals but how those persons are chosen, the precise role that they perform and the qualities that they are supposed to bring to the legal process are issues that often excite lively debate. 

An enthusiastic return to the Temple and to Chambers as the summer fades away and autumn begins to fall 

October 10, 2011: “The robbed that smiles, steals something from the thief.” ~William Shakespeare, Othello

Dr Kevin Smith discusses the revised Achieving Best Evidence guidance aimed at improving the quality of video-recorded interviews in criminal proceedings. He also analyses the implications of recent amendments to special measures legislation 

Adam Sampson, Chief Legal Ombudsman, looks at the impact of Alternative Business Structures on the Bar itself and its reputation, and at whether it is ever appropriate to name a lawyer involved in a complaint.  

I know from the barristers I talk to that the term “Alternative Business Structures” is not exactly on the tip of every counsel’s tongue. So few of you I suspect have been following the fall-out from the Solicitors Regulation Authority’s recent announcement that the October deadline for their launch was not going to be met. But as with many of the changes the profession is facing, what is happening in one area of the profession potentially has major implications for their colleagues elsewhere. 

Andrew Otchie shares his experience of becoming a New York Attorney and discusses the common issues in academic training, qualification and practice.  

The Bar Council statistics record that when I was Called to the Bar in 2005, 1,392 candidates had successfully completed the Bar Vocational Course (now the Bar Professional Training Course) that year, but only 556 barristers commenced pupillage (the numbers however are not precise because pupillage applicants include previous course candidates, and approximately 30 per cent of those Called are from overseas and are not looking for a pupillage in this country). 

ROUND  ONE
The recommendations made by the Jackson Review are beginning to be implemented. Stuart Sime provides an overview

Sir Rupert Jackson’s 2010 Review of Civil Litigation Costs , (see ‘Jackson Review: Justice and Costs’, Counsel February 2010) remains very much on the agenda of the Ministry of Justice (MoJ), and we have now reached the stage when the recommendations made by the Review are beginning to be implemented. 

Job title
Silk, 3PB

3PB is a long-established set of over 150 members operating from five centres across the UK. Ian Lawrie QC is Head of the Regulatory Compliance Group, and Head of Equality and Diversity.

The payment of referral fees is to be banned. Lord Justice Jackson has got what he wanted. Professor Dominic Regan considers the ban and whether it may presage other seismic shifts.

A referral fee is a sum paid by a solicitor so as to acquire instructions. Trust solicitors to end up paying to do work. Chapter 20 of the final Jackson report sets out the history and ramifications. His view was that the only winners were the recipient of fees. An outright ban was proposed.