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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.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
