News

If mitigating circumstances mean that you will not be able to complete your 2012 CPD requirements by 31 December 2012, then it is open to you to apply to the Qualifications Committee for an extension of time. The relevant application form can be downloaded from our website at
www.barstandardsboard.org.uk/regulatoryrequirements/for-barristers/conti...

All practising barristers should have returned their 2011 CPD record card to our offices by 31 January 2012. If you have not returned your record card, please send it though to our offices as a matter of urgency. We encourage all practitioners to email a signed PDF copy of their record card to cpdrecords@barstandardsboard.org.uk. If you are posting your record card please ensure that you use the correct address and the latest version of the CPD record card.

Profession

Dissatisfied court users could be given a three-month time limit to lodge their complaints about judicial misconduct, under new Office for Judicial Complaints (OJC) proposals.  A working party chaired by Lord Justice Toulson has drawn up 21 recommendations, including that the OJC be re-named The Judicial Conduct Investigations Office.  

We have launched a consultation on a new Code of Conduct for barristers, which includes proposals for regulating new types of business structure. The new Code of Conduct, to be known as the BSB Handbook, is designed to be easier to navigate so that barristers and, above all, their clients can readily see what is expected from barristers in relation to:

• the court 
• the client 
• the regulator 
• their practice, and 
• their behaviour towards others.  

It is the responsibility of all practitioners to keep a record of the CPD that they complete and to sign the registration document at all CPD events. You are required to submit the information on a CPD record card (which can be downloaded from our website at the above link) and return it to our offices by 31 January 2013. Failure to do so could result in disciplinary action being taken against you.

Legal Aid

The Government suffered several defeats over amendments to its Legal Aid, Sentencing and Punishment of Offenders Bill during its Report stage in the House of Lords.  Amongst these amendments was one put forward by Lady Scotland, the former Attorney General, who won her amendment to broaden the “evidential gateway” towards help with domestic violence and remove “arbitrary” time limits. Without this, she said, more than half of victims would not be able to secure legal aid, as evidence such as a GP’s letter, acknowledgment by the perpetrator or admission to a women’s refuge would not have been enough to prove a risk of domestic violence.

Family law

The Institute of Family Law Arbitrators (IFLA) has launched an arbitration scheme for family disputes over finance or property.  

European Sales (Contract) law – lawyers call for time out

As a result of strong lobbying by the Bar among others, the Council of the Bars and Law Societies of Europe (CCBE) has adopted a short resolution on the October 2011 proposal for a Common European Sales Law, calling on the EU institutions to revisit as a matter of priority the issues of legal basis, proportionality and the interaction with the Rome I regulation, and to pause other negotiations on the file pending that. The Bar’s own preliminary position paper on legal basis is linked to the CCBE paper. See: XXhttp://bit.ly/zofvFQ.

The Ministry of Justice is consulting the public about the proposal, deadline for responses 21 May 2012. The Bar will respond. See:
XX http://bit.ly/wzZUS9.

Cross-border successions – it looks like the UK remains outside

In March, the European Parliament’s Legal Affairs Committee adopted a text, agreed with the Council, on the October 2009 proposal for a regulation on the private international law rules applicable to crossborder Successions and the creation of a European Certificate of Inheritance (Procedure reference COD(2009)0157). Unfortunately, and despite considerable efforts by many to find a solution, no provisions on clawback that would allow the UK to opt-in were included. Accordingly, at the time of writing, it seems that the UK will remain outside its reach.

Profession

A man who donned a barrister’s wig and a solicitor’s gown to represent a cannabis farmer friend at Bristol Crown Court has been convicted of pretending to have rights of audience and carrying out reserved legal activities.

All practising barristers are subject to the Continuing Professional Development regulations and compliance is an obligation of the Code of Conduct (para 202(b)). It is important for all practitioners to be clear about their CPD requirements in 2012.