News

In early March, the Competitiveness Council adopted a Key issues paper for 2009 in the area of the internal market, highlighting the urgency of simplifying the regulatory environment for business, in particular SMEs as just one of the areas of focus for EU activity to help to alleviate the current financial crisis. See: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/intm/106513.pdf 

The Ministry of Justice has proposed new measures to control costs in defamation proceedings, including setting maximum or fixed recoverable hourly rates; mandatory cost capping; and requiring courts to consider the proportionality of total costs in costs assessments. More information is available in the Ministry’s consultation paper, Controlling Costs in Defamation Proceedings. The closing date for responses is 6 May 2009.

In early March, the Bar Council submitted a written response to the Commission’s November 2008 Green Paper on Consumer Collective redress. The Bar expressed no preference either way on the need for, or desirability of, developing collective redress mechanisms at EU level, but did indicate which features it would favour and which not, were that to be proposed. 

The Bar has “nothing to fear from being graded,” the Chairman of the Bar, Desmond Browne QC, told a packed audience at Inner London Crown Court on 26 February, when urging practitioners to volunteer to take part in the Quality Assurance for Advocates (QAA) pilot study. 

Anis Rahman, a barrister at 12 Old Square, magistrate and a former adviser to the Home Secretary on race equality and community affairs, has received an OBE for legal advice and voluntary service to Bangladeshi people in the UK.

Newly-adopted criminal law measures, and a little more detail on others previously reported (to access the texts, go to http://eur-lex.europa.eu/JOIndex.do?ihmlang=en and enter the OJ reference in the search engine): 

• Council Framework Decision 2008/841/JHA (OJ L300 of 11/11/2008) on the fight against organized crime sets out a
  common definition of organized crime, and requires Member States to punish it.  
• Council Framework Decision 2008/913/JHA (OJ L 328 of 6/12/08) on racism and xenophobia, which renders criminal, public acts designed to incite violence or hatred, or trivializing genocide and similar atrocities.  
• Council Framework Decision 2008/919/JHA (OJ L330 of 09/12/08) amending FD Decision 2002/475/JHA on combating terrorism, so as to include 3 new offences: 

• public provocation to commit a terrorist offence; 
• recruitment for terrorism; and 
• training for terrorism.  

• Council Framework Decision 2008/977/JHA (OJ L 350 of 30/12/08 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters 
it lays down rules on the exchange of personal data; sets minimum common standards on the confidentiality and security of the processing; on liability, and on the obligation to lay down penalties for unlawful use.

Council Framework Decision 2008/978JHA (OJ L 350 of30/12/08), creating the European Evidence Warrant for the purpose of obtaining existing objects, documents and data for use in proceedings in criminal matters from another Member State within a short time frame.

Council Framework Decision 2008/909/JHA (OJ L 327 of 05/12/08) on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the EU.

Council Framework Decision 2008/947/JHA (OJ L 337 of 16/12/08) on the application of the principle of mutual recognition to judgments and probation decisions; provides for the supervision of such alternative sanctions, in cases where e.g. offenders do not live in the State of conviction.

Women scored their highest ever success rate in this year’s silk rounds—55% compared with 40% for men. Some 16 of the 104 successful applicants celebrating their new QC status this year are women. 

The European Commission is conducting a public consultation on the difficulties foundations face when operating cross-border and the possible creation of European Foundation Statute to deal with those, including looking at how such a Statute might affect donors' and founders' attitudes (there being tax and other implications). The deadline for responses is 15 May 2009. For all relevant documentation,
go to: http://ec.europa.eu/internal_market/company/eufoundation/index_en.htm 

The Commission would like to re-issue its previously aborted proposal for a Framework Decision on minimum procedural safeguards for suspects and defendants in criminal matters. However, a more piecemeal approach may be all that the Council will entertain – possibly an action plan, with individual elements of the original proposal taken forward one-at-a-time. Arguably better than nothing, but hardly the balance to e.g. the European Arrest warrant, that defence lawyers seek. 

 THE Chairman of the Bar Council, Desmond Browne QC, welcomed the first meeting of the Panel on Fair Access to the Professions, part of the Commission on social mobility chaired by former Cabinet Minister the Rt Hon Alan Milburn MP. 

The Bar continues to work hard to promote access for the able, regardless of background, and welcomes this opportunity to share best practice with other professions. Bar initiatives, which are ongoing, have included a partnership with the Social Mobility Foundation, which enables talented children from low income families to experience life at the Bar first hand. Barristers mentor children from such backgrounds and the profession is working with universities and schools to ensure that students have the necessary knowledge about the Bar on which to base career decisions. Lord Neuberger of Abbotsbury chaired a working group which, in November 2007, made 57 recommendations to improve access to the Bar; these recommendations are being actively implemented to ensure that the barristers of the future are able to realise their dreams, regardless of background.