*/
Barristers will be able to refuse work where there is an “unacceptable risk” that they will be not be paid, after the Legal Services Board (LSB) approved plans submitted to it by the Bar Standards Board (BSB).
The reform removes from the BSB’s rules the statement that the cab rank does not apply if a solicitor is on the list of defaulting solicitors. BSB guidance states that the list can provide evidence that a solicitor poses a non-payment risk. The Bar Council will therefore continue to maintain it.
In the decision notice, the LSB’s chief executive, Richard Moriarty, welcomed the removal of the list from the BSB’s rules.
He said it “risks compromising” the BSB’s regulatory independence and he predicted that the new provisions “may widen the circumstances in which barristers can refuse a client”.
Before refusing work, barristers will be expected to consider alternatives, such as obtaining payment in advance or using a third party payment service.
The change followed a review by the BSB of the decision to retain the existing cab rank rule following the introduction of standard contractual terms between barristers and solicitors in 2013.
The BSB reviewed the regime after an LSB investigation found the Bar Council had interfered with the BSB’s independence in relation to the controversial contract and cab rank changes.
Commenting, BSB director of regulatory policy, Ewen MacLeod, said, “We are pleased that the Legal Services Board has approved our changes to the regulatory arrangements relating to the cab rank rule,” which came into effect from 2 September.
Barristers will be able to refuse work where there is an “unacceptable risk” that they will be not be paid, after the Legal Services Board (LSB) approved plans submitted to it by the Bar Standards Board (BSB).
The reform removes from the BSB’s rules the statement that the cab rank does not apply if a solicitor is on the list of defaulting solicitors. BSB guidance states that the list can provide evidence that a solicitor poses a non-payment risk. The Bar Council will therefore continue to maintain it.
In the decision notice, the LSB’s chief executive, Richard Moriarty, welcomed the removal of the list from the BSB’s rules.
He said it “risks compromising” the BSB’s regulatory independence and he predicted that the new provisions “may widen the circumstances in which barristers can refuse a client”.
Before refusing work, barristers will be expected to consider alternatives, such as obtaining payment in advance or using a third party payment service.
The change followed a review by the BSB of the decision to retain the existing cab rank rule following the introduction of standard contractual terms between barristers and solicitors in 2013.
The BSB reviewed the regime after an LSB investigation found the Bar Council had interfered with the BSB’s independence in relation to the controversial contract and cab rank changes.
Commenting, BSB director of regulatory policy, Ewen MacLeod, said, “We are pleased that the Legal Services Board has approved our changes to the regulatory arrangements relating to the cab rank rule,” which came into effect from 2 September.
The Chair of the Bar reports back
By Kem Kemal, CEO, Henry Dannell
By BSK Financial Planning
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Kick off your career at the Bar Council’s Pupillage Fair this October – it’s one of the most valuable opportunities for aspiring barristers, says Amelia Clegg
Join us on Saturday 21 November 2026 at Leeds Beckett University and see for yourself why the North continues to be an exceptional place to build a career at the Bar
The golden age of advocacy? David Langwallner pays homage to the filmic if contentious barrister Sir Edward Carson and some of his contemporaries
Henry Fingerhut outlines what the Bar Standards Board AI guidance means for early career barristers
Not yet, says Jacob Turner. Regulation, unlike the technology itself, is a domain the legal profession can still control
