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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.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
