News

The European Council, meeting in late October, agreed to add a protocol to the Lisbon Treaty which will allow the Czech Republic to opt out of the Charter of Fundamental Rights, just as the UK and Poland have done. This will mean that the Charter applies only to EU, and not national, legislation, in those Member States. Left with no valid excuse not to, the Czech President signed the Treaty on 3 November, bringing the ratification process to completion in all 27 Member States. Thus, the Treaty of Lisbon should enter into force by the year’s end. 

In a country where “law is a bedrock of society” the new Supreme Court is a “pillar of the constitution”, the former senior Law Lord, Lord Bingham of Cornhill told a well attended meeting of the All Party Parliamentary Group for Legal and Constitutional Aff airs on 26
October. His comments were made in response to a suggestion—for which he had no sympathy— that the justices could save the salary of a Chief Executive by sharing the administrative and human resources duties amongst themselves. During the meeting he also stated his opposition to televising court proceedings—the tendency would be to broadcast things out of context and “I don’t think [televising has] much enhanced the standing of Parliament”. Although the role of the President of the Supreme Court will evolve he did not foresee a change in the way the justices dealt with the law (judicial “activism” or the lack of it was cyclical and a function of personalities) but there will be a change in perception which will be for the better. 

The Swedish Presidency of the EU has been enthusiastic in its attempts to secure agreement on a Unified Patent Litigation System, including the planned adoption of Council Conclusions on an Enhanced Patent System in Europe. See: http://register.consilium.europa.eu/pdf/en/09/st14/st14040.en09.pdf 

The Attorneys General of five jurisdictions—Australia, Canada, New Zealand, USA and England, Wales and Northern Ireland—have signed a joint statement acknowledging the importance of pro bono. 

Counsel intends to publish an article about the Recorder Selection Exercise Qualifying Tests which have been used by the Judicial Appointments Commission since 2008. It is intended to include in the article anonymous case studies from participants. We are interested
in hearing from those who have sat these tests about their experiences and their general feedback as candidates. Any information given will
be treated as confidential; names and addresses will not be published. 

Please contact the Editor, Jane Maynard. Email: jane. maynard@lexisnexis.co.uk 

On 6 October 2009, the ECJ gave judgment in Case C-123/08, an application for a preliminary ruling concerning the grounds for refusal to execute a European Arrest Warrant (EAW), and the discretion the Member States have in implementation thereof. (Framework Decision 2002/584/JHA). See: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=rechercher&numaff=C-123/08  EU – US 

The Legal Services Board (“LSB”) will have powers to enter and search the premises of the Bar Council and other legal profession regulators under government proposals. The Ministry of Justice is consulting on the enforcement powers of the LSB when it assumes its role as oversight regulator early next year. Th ese include the power to take over some of the functions of any persistent or seriously failing regulator. Th e LSB will be able to apply for a court warrant to enter and search the regulator’s premises, and retrieve any documents needed to ensure a seamless takeover. Th e consultation asks whether any material should be exempt from search warrants and what a judge should take into account when deciding an application. It ends on 21 January 2010. In a first for the legal profession,
the LSB has appointed an independent consumer panel of eight lay persons to help shape the regulatory framework for lawyers. An early priority for the panel, which meets for the fi rst time at the end of November, will be the issue of referral fees. The experience of panel
membe r s cove r s t r ading standards, housing, business advice, employment law, health care, policing and refugee policy. Dr Dianne Hayter, the former vice-chair of the Financial Services Consumer Panel, who will chair the panel, said it would assess proposals “from the standpoint of users of legal services”. It will publish its advice. 

The EU is currently conducting a 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”. In October, the European Parliament Legal Affairs Committee (“JURI”) held a hearing at which Alexander Layton QC was invited to speak on behalf of the Bar. The EP is working on its report. 

See: http://www.europarl.europa.eu/activities/committees/hearingsCom.do?language=EN&body=JURI. The view of the Council will be crucial. 

THE Bar Council has published the fourth annual edition of It’s Your Call, a guide for those interested in joining the Bar. The guide, published in collaboration with the Inns of Court, is the latest in a series of publications designed to inform the public and those interested in a career as a barrister. 

This edition of It’s Your Call provides comprehensive information on the steps required to become a practising barrister, along with a realistic assessment of the challenges faced by those interested in joining this rewarding and demanding profession. The financial cost of training is often a significant deterrent to those considering a career at the Bar, and the publication contains detailed information about the cost of vocational courses from the various providers, along with advice on how to secure funding for the course. 

Expert witnesses fear for their personal security in family law cases that are reported by the press. The media were given limited powers to report family law cases including adoption, care proceedings and divorce, in April. During a quest ion and answer session with senior family judge, Lord Justice Wall, at the Bond Solon expert witness conference in November, several experts expressed concern that, if their personal details were made public, aggrieved family members would cause problems f or t hem. Some e xpe r t sthought it would be difficult to anonymise reports suffi ciently. Wall LJ sympathised with their concerns. In his speech, he recommended that a detailed protocol be adopted to ensure fair reporting, following discussions between lawyers, experts and the press. “Th e disadvantage is that we are in the hands of the media, which is interested in personalities, not issues,” he said.