News

By the time of reading, the UK will have informed the EU institutions regarding its decision on whether or not to opt-in to the October 2009 Commission proposal for a regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession, and the creation of a European Certificate of Succession (Procedure reference COD(2009)0157. The Bar, and other branches of the UK legal profession recommended that it should not opt-in at this stage. The proposal as adopted has some good ideas, but there remain two primary areas of concern, being clawback and the current provisions on jurisdiction and certificates of succession. The proposal is available at:http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2009:0154:FIN:EN:PDF 

The emergence of a UK constitutional court could be “one unintended consequence” of the new Supreme Court, Lord Neuberger has warned. 

“I am not saying that this will or that it should happen. I am saying it may happen,” he said, delivering the Young Legal Group of the British Friends of the Hebrew University lecture. 

The EP’s Legal Affairs Committee (JURI) is preparing an own-initiative report responding to the Commission’s recent Communication on enhancing the enforcement of Intellectual Property Rights COM(2009)467). A draft report should be available by the time of reading, with adoption in Plenary planned for April. For more information, see: http://www.europarl.europa.eu/oeil/file.jsp?id=5817632

The Commission has just closed a public consultation on possible ways to improve access to information on businesses across the EU; and more effective application of the company law directives. See: 

http://ec.europa.eu/internal_market/consultations/2009/interconnection_of_business_registers_en.htm 

By coincidence the day I received my copy of the January edition of Counsel (as a retired barrister who still has some interest in his former profession), I also received The Times reproduction of its first edition (in the guise of “The Daily Universal Register”) of 1 January 1785. 
Counsel ran an article about the making of  “Garrow’s Law” (pp 27 to 29). The BBC One series portrayed a barrister who was the champion of the underdog, supporter of seemingly lost causes and a generally selfless and often ill-remunerated pioneer of defence advocacy.  

The Court of Protection Rules, which govern practice and procedure at the Court, are to be reviewed. Sir Mark Potter, the President of the Court of Protection, is setting up an ad hoc committee to “create a set of rules, practice directions and forms that are clear and simple for lay and professional users to understand”. Court users have complained that court procedure is too formal. 

• All barristers should have returned their CPD Record Card with details of their 2009 CPD by 31 January 2010  
• All barristers should by now have received a letter containing details of their CPD requirements for 2010. Please contact our offices if you have not received the letter or have any queries about it.  
• All Chambers are encouraged to contact the BSB, to obtain a list of those barristers yet to return a record card. 

Rachel Reeves
Email: rreeves@barstandardsboard.org.uk 

At the end of 2009, the Council adopted Conclusions setting out “Model Provisions, guiding the Council’s criminal law deliberations” to be used by the EU legislator when inserting criminal law provisions into EU legislative instruments adopted in pursuit of EU policies (e.g. environmental protection) The idea is to have agreed positions on contentious issues that arise repeatedly, e.g. the definition of intent, or what constitutes criminal behaviour.http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/jha/111543.pdf

At the end of 2009 the JHA Council adopted a resolution setting out a “Roadmap” of 6 separate measures intended to protect the procedural rights of suspects and defendants in the criminal justice system. See: 

http://register.consilium.europa.eu/pdf/en/09/st15/st15434.en09.pdf  The first of these measures, (A) on the right to translation and interpretation was the subject of a 2009 Commission proposal, but as it was not formally adopted by Council before the entry into force of the Lisbon Treaty, it has lapsed. The other measures foreseen in the roadmap are:
B. Information about rights and about the charges;
C. Legal Aid and legal advice;
D. Communication with relatives, employers and consular authorities;
E. Special safeguards for vulnerable persons
F. A green paper on the right to review the grounds for detention. 

The Commission is now under pressure to issue a new proposal for measure A, as well as at least one of the others, during 2010. 

The Services Framework Directive (“the SFD”) (2006/123 EC), which aims to simplify and enhance the cross-border provision of services within the EU, for the benefit of both the consumer and the service provider, entered into force on 28 December 2009. As regards its application to the legal profession, successful lobbying by the Bar and other representatives of the profession during its EU legislative passage, ensured that the directive is complementary, but without prejudice, to the existing lawyers regime, i.e. the Lawyers’ Services Directive (77/249/EEC and the Lawyers’ Establishment Directive (98/5/EC). Accordingly, the SFD imposes some simplification of the administrative procedures and is intended to improve the accessibility, quality and quantity of information available, both to providers and users of legal services, but should not otherwise interfere with the existing regime. The SFD has been implemented into UK law by the Provision of Services Regulations 2009. See:http://www.opsi.gov.uk/si/si2009/draft/ukdsi_9780111486276_en_1