As expected, the June JHA Council adopted this important regulation converting the Rome Convention 1980 into a Community regulation, and modernising and adapting it to purpose. It should come into force around the end of 2009. The Bar’s response to the UK consultation on a possible opt-in was positive. There will be a conference on the subject, in London, on 19 September 2008:http://www.conflictoflaws.net/rome-i-regulation-conference
Negotiations are continuing apace in the Council Working Party on Intellectual Property (Patents). A good overview can be obtained from the end May 2008 Presidency Progress report on enhancing the Patent system in Europe (though you should check for more recent developments by the time of reading): http://register.consilium.europa.eu/pdf/en/08/st09/st09473.en08.pdf and the end May Presidency Working document containing a revised proposal for a Council Regulation on the Community patent:http://register.consilium.europa.eu/pdf/en/08/st09/st09465.en08.pdf
Pending EP assent, the Council has approved this December 2007 replacement to the September 1988 Lugano Convention.See OJ L339,21,12.2007 at: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2007:339:SOM:EN:HTML
In June the Legal Affairs Committee of the EP adopted this ambitious report calling for better judicial training and cooperation throughout the EU. In the autumn, the Commission will be asked by the Plenary to consider tabling a legislative proposal in light of it.http://www.europarl.europa.eu/oeil/file.jsp?id=5444032&language=en&mailer=true
The Council of the Inns of Court (COIC) is responsible for administering disciplinary hearings for the Bar. Disciplinary Tribunals adjudicate on cases of professional misconduct and poor service against barristers. The Tribunals are chaired by a Judge or a Queen’s Counsel and include at least one barrister and one lay member. Tribunal Clerks are responsible for supervising the proceedings and advising the panel.
The European Council will return to the issue of Ireland’s rejection of the Lisbon Treaty and what to do about it, at its next meeting on 15 October 2008. At the time of writing, 19 Member States have completed the ratification process. The others are encouraged to continue doing so.
The Bar Standards Board’s 2008 BVC Conference was held at Hinckley Island Hotel in Leicester on 10 and 11 July. The Conference is an annual event held for the providers of the BVC to discuss the course and to focus on best practice. Speakers at the event included:
Details of the recent House of Lords inquiry on the sources of ideas for EU legislation, to which the Bar contributed; together with details of several other inquiries of interest to the Bar, can be seen at:http://www.publications.parliament.uk/pa/ld/ldeucom.htm#eue
On 21 May the Council adopted directive 2008/52/ EC on certain aspects of mediation in civil and commercial matters, designed to facilitate the voluntary use of mediation in crossborder (as defined) civil or commercial disputes. The Directive entered into force in June, and must be implemented into national law by the 21 May 2011. See: http://eurlex.europa.eu/LexUriServ/LexUriServ.douri=OJ:L:2008:136:0003:0008:EN:PDF
There is an opportunity for individual barristers, chambers and specialist bar associations to reach out to the US legalmarket (and beyond) through the advertorial section of the “Bar Guide” publication,which is supplement to the October issue of American LawyerMagazine.
Isle of Man
Applications are invited for the appointment of His Majesty’s Attorney General in the Isle of Man.
Chair of the Bar reports back
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
A career shaped by advocacy beyond her practice, and the realities of living with an invisible disability Dr Natasha Shotunde, Black Barristers’ Network Co-Founder and its Chair for seven years, reflects on a decade at the Bar
Responding to criticism on the narrow profile of government-instructed counsel, Mel Nebhrajani CB describes the system-wide change at GLD to drive fairer distribution of work and broader development of talent
The odds of success are as unforgiving as ever, but ambition clearly isn’t in short supply. David Wurtzel’s annual deep‑dive into the competition cohort shows who’s entering, who’s thriving and the trends that will define the next wave
Where to start and where to find help? Monisha Shah, Chair of the King’s Counsel Selection Panel, provides an overview of the silk selection process, debunking some myths along the way
Do chatbot providers owe a duty of care for negligent misstatements? Jasper Wong suggests that the principles applicable to humans should apply equally to machines