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Barristers will be allowed to refuse work where there is an “unacceptable” risk that they will not be paid by solicitors, under proposed changes to the cab rank rule.
The Bar Standards Board (BSB) said it hoped to have applied to the Legal Services Board (LSB) for approval by the end of July.
If granted, the change will dispense with the list of defaulting solicitors – from whom barristers are permitted to decline work.
Guidance from the regulator stated that barristers will be expected to consider alternatives, such as obtaining payment in advance or using a third party payment service, before refusing to take on a case.
The change follows a review conducted somewhat late in the day by the BSB, at the behest of the uber-regulator, the LSB, after the introduction of standard contractual terms between barristers and solicitors in 2013.
The BSB undertook to review the regime by July 2014, after an LSB investigation found that the Bar Council had interfered with the regulator’s independence in relation to the contract and cab rank changes.
Last month, following a “full and thorough” review “undertaken from first principles”, the BSB said it had reached a decision “entirely independent of the Bar and its representative bodies” that retention of the reference to the standard contractual terms within the cab rank rule was necessary, in the public interest.
Barristers will be allowed to refuse work where there is an “unacceptable” risk that they will not be paid by solicitors, under proposed changes to the cab rank rule.
The Bar Standards Board (BSB) said it hoped to have applied to the Legal Services Board (LSB) for approval by the end of July.
If granted, the change will dispense with the list of defaulting solicitors – from whom barristers are permitted to decline work.
Guidance from the regulator stated that barristers will be expected to consider alternatives, such as obtaining payment in advance or using a third party payment service, before refusing to take on a case.
The change follows a review conducted somewhat late in the day by the BSB, at the behest of the uber-regulator, the LSB, after the introduction of standard contractual terms between barristers and solicitors in 2013.
The BSB undertook to review the regime by July 2014, after an LSB investigation found that the Bar Council had interfered with the regulator’s independence in relation to the contract and cab rank changes.
Last month, following a “full and thorough” review “undertaken from first principles”, the BSB said it had reached a decision “entirely independent of the Bar and its representative bodies” that retention of the reference to the standard contractual terms within the cab rank rule was necessary, in the public interest.
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
