News

JUDGE Johann Kriegler made the keynote address at the second Annual International Rule of Law lecture hosted by The Bar Council. A former Appeal Court and Constitutional Court Judge in South Africa, he was Chairperson of the Independent Electoral Commission which presided over South Africa’s first elections based on universal adult suffrage. 

In a speech entitled “The rule of law in post-colonial Africa: A British legacy?”, Judge Kriegler discussed the Rule of Law and how this is influenced by the Bar, its traditions, and its ethical standards. Fifteen years after South Africa emerged from the shadows as a model constitutional democracy committed to the Rule of Law, Judge Kriegler set out his thoughts on the progress it has made in relation to major political forces and the public at large. He discussed how the UK can assist South Africa in preserving the Rule of Law in its former colonies in Africa. Commenting on the Lecture, former Chairman of the Bar Tim Dutton QC said: 

Derek Wood QC – Chair of the BSB’s Pupillage Review Working Group; Dr John Carrier – Chair of the BSB’s Education and Training Committee; Valerie Shrimplin – Head of Education Standards at the BSB and Andrea Clerk – BSB Pupillage Officer, were panellists at the Learning in Law Annual Conference (LILAC) on Saturday 24 January. The theme for their session was, ‘From pupil to professional: is pupillage fit for purpose?’ The theme of the session was selected to fit in with the work being carried out by the BSB concerning the review of pupillage. LILAC 2009 was the third Learning in Law Annual Conference, organised by the UK Centre for Legal Education. 

The Commission's long-awaited private international law proposal is due out on 24 March. It is expected to cover not only applicable law, but also jurisdiction, recognition and enforcement. The Chancery Bar Association has been actively following preparations, and will react. 

THE European Council meeting in December 2008, returned to the issue of the ratification of the Lisbon Treaty, and agreed concessions, conditional upon Ireland securing ratification during 2009. These include allowing each Member State to retain a Commissioner, and guaranteeing that the Treaty will not interfere with Member States’ competence on tax matters, nor on security and defence, nor, specifically, will it interfere with Irish neutrality. As of the time of reading, Ireland should be the only Member States not yet to have ratified the Treaty. 

The Legal Services Commission has toned down its plans for complex criminal cases, following sustained lobbying. 

The EU has adopted a world-leading Climate and Energy Package. The package of measures imposes legally binding targets to cut greenhouse gas emissions by 20%; to establish a 20% share for renewable energy; and to improve energy efficiency by 20%, all by 2020. There are also agreed revisions to the emissions trading system; the distribution of the reduction effort outside of the emissions trading system; a legal framework for environmentally safe carbon capture and storage (CCS); and on the related proposals on CO2 emissions from cars and on fuel quality. Developments on these and other current issues are reported on in Brussels News, the regular newsletter of the Brussels Office for members of the Bar of England & Wales. Please e-mail: evanna.fruithof@barcouncil.be 

THE Bar Council and the Family Law Bar Association have expressed concern over plans, announced by the Ministry of Justice, to roll up payments to barristers and solicitors into a single advocacy fee, putting at risk effective access to justice for those who need most protection. 

Lucy Theis QC, Chairman of the Family Law Bar Association, said: 

‘The protection of children is a concern to all of us. There is often no second chance when children are at risk of harm. At a time when senior family judges are publicly raising concern that the system is creaking at the seams the LSC seem intent on putting it under increasing pressure – children, parents and the administration of the Courts will suffer. 

By the time of reading, the Council will have adopted this regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. The regulation will ensure that a maintenance creditor is able easily to obtain in one Member State a decision which will be automatically enforceable in another Member State, with no further formalities. The UK has formally applied to opt-in. 

Revenue and Customs disclosed that 57 barristers were caught evading tax, in a report by the House of Commons Public Accounts Committee. 

Calls for greater transparency in the family justice system have been heeded: the media will be able to access and report legal proceedings in all levels of family courts, following Justice Secretary Jack Straw’s announcement last month. Parties cannot be named, but there should be no restriction on naming social workers or medical experts unless it could lead to the identification of the parties, Straw told the Times. Courts will be able to restrict or relax reporting rules if an individual case allows this.