News

THE Chairman of the Bar, Nicholas Green QC, has called for the Bar to continue to modernise as it enters a new era of legal services provision. Speaking at a meeting of the All Party Parliamentary Group for Legal and Constitutional Affairs in the House of Lords, Nick Green QC will set out the challenges facing the Bar following the implementation of the Legal Services Act and outlined how the Bar is responding. The meeting, entitled The Legal Services Act: Opportunities for Consumers and Professionals, was chaired by Lord Brennan QC. David Edmonds, the Chairman of the Legal Services Board, and Bob Heslett, the President of the Law Society, addressed the group alongside Nicholas Green QC. 

Speaking ahead of the meeting, Chairman of the Bar, Nicholas Green QC said: 

‘The Bar Standards Board took a historic decision in November 2009 to change the Bar’s practice rules. If these changes are approved by the Legal Services Board, barristers could take advantage of new structures to deliver specialist advisory and advocacy services and to work in partnership with other providers of legal services. The Bar is currently facing huge regulatory as well as market
challenges. In order to continue to provide services which clients and consumers continue to need, the Bar needs to adapt its business model and consider new ways of working. I am confident we can do this. Indeed, it is clear to me that many Chambers are already well advanced in their plans for change. The Bar Council has been running a series of nationwide road shows about the future of the profession in the new regulatory environment. Taking account of the feedback we have received from practitioners up and down the country, we expect shortly to provide guidance on options for change for Chambers to consider and adapt as they see fit to suit their own needs and circumstances.The feedback we have receiving from the profession has been enormously positive. It is clear that many barristers, particularly those with publicly funded practices which are under considerable financial pressure from planned cuts in legal aid, are eager to develop their business models. Many chambers are developing innovative new models of practice.’ 

Barristers have been celebrating their new QC status, with nearly half of all applicants gaining the prestigious award. 

Some 128 barristers and one solicitor-advocate were formally sworn in at a ceremony on Monday, 22 March at Westminster Hall.  Of 275 applications accepted for consideration, 226 applicants were interviewed. 47 per cent of applications were successful, compared with 42 per cent in 2008-09 and 40 per cent in 2006-07. 

The Bar Council has welcomed the news that the Legal Services Commission (“LSC”) is to become an executive agency of the Ministry of Justice (“MoJ”). 

The change in status will see the MoJ taking tighter control of the £2.1 billion legal aid budget. A Bill will be introduced to implement the changes as soon as Parliamentary time allows. Carolyn Regan, who has served as the LSC’s Chief Executive for three and a half years, resigned following the announcement, which implements a recommendation of Sir Ian Magee’s review into the delivery of legal aid. Carolyn Downs, an MoJ Civil Servant, has been appointed interim Chief Executive. 

The Council’s Civil Justice Working Group has been developing a set of Council conclusions on the justice response to the financial crisis. It will cover measures in the justice field that should contribute to future financial stability, including enforcement of judgments; transparency of debtors’ assets; insolvency law instruments, as well as more securityorientated issues. It was to have been adopted in Council by now, but as at the time of writing, has not been. 

The EP is shortly to adopt an own initiative report on Consumer Protection under the new Lisbon Treaty and the priorities and policies it wishes to see in the future. It is also opining on the completion of the Internal Market for Consumers. 

Barristers should stop calling themselves a “referral profession”, Anthony Speaight QC told delegates at the annual Bar Conference. The term “referral profession” concealed the “most important characteristics and qualities of the Bar”; barristers should refer to themselves as “the legal profession’s specialist branch”. “Disposing of the image of the Bar as a referral profession and launching the concept of it as a specialist profession might assist both barristers and the public in the development of new ways of supplying cheaper legal services,” he said. Speaight drew an analogy between the Ba r and the medical profession, which has 56 areas of speciality. Barristers already identify
themselves in directories and on websites as specialised in a particular fi eld, although there are no formal higher qualifi cations. He argued that, if the Bar were to adopt the medical profession’s approach to specialism, barristers would still be able to work outside their speciality—just as doctors are able to practice in any area within their competence. For a full round up of the Bar Conference see pp 12 to 17 of this month’s issue. 

Shauneen Lambe, director of “Just for Kids Law” has been named by the World Economic Forum as one of the Young Global Leaders of 2010. 

She is a barrister of 12 years’ Call and currently works in-house at Lawrence & Co solicitors.  

C-557/07, Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v Commission 

The Court of First Instance decision of September 2007, which declined to take the opportunity to extend the scope of Legal professional privilege in EU law to in-house counsel who are members of Bars or law societies, is subject to appeal before the Court of Justice of the EU. The opinion of Advocate General Kokott is expected on 29 April 2010. 

In May, the EP should adopt an own-initiative report responding to the Commission’s 2009 Communication on enhancing the enforcement of Intellectual Property Rights COM(2009)467). See further: www.europarl.europa.eu/oeil/file.jsp?id=5817632 

In 2009 the Commission launched its 5-year review of the operation of the Brussels I Regulation, 44/2001 on “jurisdiction and the recognition and enforcement of judgments in civil and commercial matters”. The Commission is analysing the responses to last year’s consultation, including on the controversial issue of its application to arbitrations, on which it may seek further expert input. Given the complexities of the file, and the volume of competing work, the Commission is unlikely to issue a proposal this year, but should do in 2011.