News

The JHA Council has adopted a decision approving the conclusion of two agreements with the USA, one on extradition, the other on mutual legal assistance. As a result of the former, all 27 bi-lateral extradition treaties with the US will need to be renegotiated. 

http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/jha/110727.pdf 

When the relevant parts of the Legal Services Act 2007 come into force on 1 January 2010, it will become a criminal offence to undertake a reserved legal activity, such as exercising a right of audience without having in force a valid practising certificate. 

Pupils have not historically been granted practising certificates; however, arrangements are currently in hand to issue practising certificates to those who will be undertaking their second six months of pupillage from 1 January 2010. 

The Director of Public Prosecutions, Keir Starmer has laid out a set of ethical principles for prosecutors. The “Statement of Ethical Principles”, which was drawn up in discussion with the Bar and other legal professional groups, asks prosecutors to consider the concerns of victims and witnesses when their personal interests may be affected, subject to the requirements of a fair trial. They should also act with integrity, impartiality and fairness and preserve professional confidentiality at all times. 

A delegation of commercial lawyers and office holders of the Tianjn Bar Association of China will be visiting London for a few days in early December to follow up on a visit of the Bar Council and Law Society to Tianjin in November 2008. The delegation wishes to strengthen its relationship with the Bar Council, meet with barristers to discuss issues of common interest and research the training offered by legal training institutes. If you are interested in becoming involved in this visit please contact Sarah Richardson Srichardson@BarCouncil.org.uk 0207 611 1316 

As of 1 January 2010, barristers will be committing a criminal offence if they carry out reserved legal activities without a practising certificate. The Bar Council is therefore reminding its members to apply in good time. Also from this date, barristers without practising certificates will be prohibited from administering oaths. Until then, barristers do not need a practising certificate or rights of audience to administer oaths. These changes are brought in by the Legal Services Act 2007 (see also Bar News p iii). 

The Bar Council and Law Society is seeking barristers’ chambers willing to offer placements for 15 young Chinese Lawyer for eleven weeks, from 18 January to 23 April 2010 (with breaks including the week beginning 15 February for Chinese New Year and the weeks beginning 29 March and 5 April for Easter). 

The lawyers are participants in the Lord Chancellor’s Training Scheme. Before starting their barrister placements they study English legal language, English law and also complete a placement with a solicitors’ firm. The lawyers are aged between 26 and 40, have completed at least two years of legal practice in China (and are often partners in their firms) and have excellent English language skills. Interested chambers must be in the commercial field (in the broader sense), have demonstrable interest in China, and should be able to offer one or preferably two mentors to guide the Chinese lawyer through their placement. Placements typically consist of: 

The Bar Standards Board welcomes Sally Hawkins, as the new Chair of its Equality and Diversity Committee and Declan O'Dempsey as the Vice Chair. 

Sally Hawkins is an equalities consultant. She has assisted some of the UK’s foremost public services and private companies in the development of policies and practices that aim to overcome discrimination and disadvantage. 

Sally also has considerable experience of governance and the development and implementation of professional standards. She is currently a lay member of the General Medical Council and of the Board of the Legal Complaints Service and she is the independent chair of Lewisham’s Standards Committee. She was a member of the Police Complaints Authority and an Independent Director of the Banking Code Standards Board. Declan O'Dempsey is a barrister at Cloisters who specialises in employment, discrimination, public and regulatory law. Declan has particular expertise in relation to the application of the Equality Duties. 

New measures aimed at tackling excessive legal fees in “no-win no-fee” defamation proceedings came into effect from 1 October.
The government has introduced three major changes following its consultation paper earlier this year, “Controlling Costs in Defamation Proceedings”. The new provisions are early notice if “after the event” (“ATE”) insurance has been taken out; a 40-day cooling-off period where, if the defendant admits liability and settlement is reached, the ATE premium will not be payable by the defendant; and a mandatory costs budgeting pilot for defamation proceedings, with close judicial supervision. 

The International Committee of the Bar Council was delighted to welcome the Russian Deputy Minister of Justice, Mr. Yuri Liubimov to Gray’s Inn to give a keynote speech on, “The Rule of Law in Russia - The Implications for Foreign Investors”. 

Mr Liubimov gave a frank insight into the way in which the Ministry of Justice is working to establish and strengthen the rule of law. He is thinking of introducing regulation of the majority of unregulated players in the legal sector, raising public awareness of the right and means to access to justice, and creating more transparency in the courts. Such measures aim to both support Russia’s emerging democracy and give confidence to foreign investors seeking to invest in Russia. The seminar featured a distinguished panel of commentators, comprising Dr Alena Ledeneva (reader in Russian Politics and Society, at the School of Slavonic and East European Studies, UCL), Khristofor Ivanyan= (Ivanyan & Partners, Moscow), Fraser Cameron (Director of the EURussia Centre) and Rupert D’Cruz (Secretary of the British-Russian Law Association and Bar Council International Committee representative for Russia). A drinks reception enabled the lively discussions to continue. This event follows a successful seminar held in Moscow in July this year by the Bar Council for Russian lawyers at the British Embassy, which focussed on British/Russian dispute resolution issues of interest to commercial practitioners. These events demonstrate the Bar Council’s commitment to strengthening its relationship with the legal profession in Russia in respect of both commercial links and issues of good governance and professional standards. 

Opening the family courts to the media has now settled “into a kind of limbo of uncertainty” the President of the Family Division has said. 

Speaking about the changes in media reporting which allow accredited press the right to be present at private hearings of children proceedings, Sir Mark Potter commented: “Following the initial flurry of interest in the first few days, things have settled into a kind of limbo of uncertainty while the government works out the next step toward a coherent scheme in final form. Ministers have still to work out and give directions to their civil servants where their priorities lie between their professions of concern for the privacy and welfare of the child and their apparent desire to satisfy the demands of the press in relation to so-called transparency.”