News

ALEXANDER Learmonth, the Chairman of the Young Barristers’ Committee, called for the young Bar to work together in the face of ongoing threats to the future of the profession. Speaking at the annual Young Bar Conference, Learmonth emphasised the need for unity at a time when the pressure on the legal aid budget and the increased use of Solicitor Advocates are putting the future of the Bar in doubt. 

Mr Learmonth addressed the key issues affecting the young Bar – those under ten years’ call – which include the proposed cuts to the legal aid budget, for both family and criminal work; the introduction of Best Value Tendering pilot schemes; and regulatory change which will see the introduction of new business structures. The full press release is available on the Bar Council website (www.barcouncil.org.uk). 

From 1 January 2010 the new Chairman of the Bar Council will be Nicholas Green QC, of Brick Court Chambers, a specialist in European, public and competition law. Criminal law practitioners Peter Lodder QC, of 2 Bedford Row, and Andrew Mitchell
QC, of 33 Chancery Lane, have been elected as Vice-Chair and Treasurer. 

The wording of Article 28 of the Rome I regulation is being amended from “This Regulation shall apply to contracts concluded after 17 December 2009" to say “This Regulation shall apply to contracts concluded as from 17 December 2009." 

The Commission intends to consult interested parties in the first half of 2010, regarding evaluation of changes introduced in the regulatory framework applicable to services, to comply with the Services Directive (2006/123/EC). The directive is supposed to be fully implemented by the Member States by 28 December 2009. 

Thomas Hoskins of 9-12 Bell Yard won this year’s Kalisher Scholarship annual essay (see (2009) Counsel July, p 37). The title was “Does the difference between action and inaction (that is, between doing something to kill someone and not doing anything to keep them alive) provide an adequate shield for medical practitioners against allegations of unlawful killing?” 

The EU is in the process of agreeing two regulations concerning the Rights of passengers, the first when travelling by sea and inland waterway; the second by bus and coach (procedure reference COD (2008) 0246 and (2008)0237 respectively). The proposals relate to coordination between national authorities, but also deal with issues of compensation and damages. The Council has reached political agreement on a common position on the waterways proposal, 

see:
http://register.consilium. europa.eu/pdf/en/09/st14/st14354.en09.pdf 

The Commission’s much-anticipated proposal for a directive on antitrust damages (several incarnations of which have been circulating this year) received a near-fatal blow from the European Parliament in October. It remains to be seen whether it can be revived once a new Commission is in place next year. 

As part of its overall efforts to ease the administrative burdens on SMEs through the Small Business Act, the EU is in the process of adopting a directive to recast Directive 2000/35/EC so as to improve the effectiveness and the efficiency of remedies for late payment, through, in particular, the introduction of an entitlement to the recovery of administrative costs and compensation for internal costs incurred due to late payment. 

Lord Neuberger delivered a powerful endorsement of the value of the rule of law in diffi - cult times, in this year’s Atkin lecture. Choosing the subject of the equity of human rights, Lord Neuberger recalled Lord Atkin’s dissenting judgment in Liversidge v Anderson (1940), in which he questioned the discretionary powers of the security services to detain Robert Liversidge in Brixton prison for alleged “hostile associations”. This judgment had relevance for legislation brought in to assist the government’s current “war on terror”. 

The Bar Standards Board has been responding to other organisations, including responding to the following: 

• LSB oral and written representations  
• LSB Internal Governance and Practising Fee Rules – Supplementary Consultation  
• LSB Compliance and Enforcement Consultation  
• LSB Consultation on Rule Approval 

For BSB responses to consultations and to see consultations we have issued, please visit our website at:
http://www.barstandardsboard.org.uk/consultations/