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Issue 198 | 23 March 2023
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Rushed migration Bill runs counter to the rule of law, says the Bar Council
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Ahead of the second reading of the Illegal Migration Bill in Parliament, the Bar Council issued a press release and briefing to MPs setting out our concerns about the Bill.
Nick Vineall KC, Chair of the Bar, said: “This Bill has been introduced on an extraordinarily truncated timescale with no prior consultation. There is no justification for such exceptional haste which will impact the level of scrutiny and debate and ultimately makes for bad law.
“The Bar Council is concerned that some features of the Bill, if enacted, would run counter to normal conceptions of the rule of law, including curtailing the court’s supervisory jurisdiction in the early stages of detention.
“We also remain deeply concerned by the tone of the debate on the issues of asylum and immigration, including the denigrating of lawyers who work in this area which further undermines confidence in the legal system and profession.”
Read the Bar Council press release and briefing
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Bar Council comments on family mediation plans
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Commenting on the Ministry of Justice (MoJ) plans to fund mandatory mediation for separating couples announced today, Sam Townend KC, Vice Chair of the Bar, said:
"The Bar Council welcomes the consultation announcement and the opportunity it provides to focus on how to address the outstanding case backlogs in the family justice system. The additional money to support mediation is welcome and we will consider the issue of making mediation mandatory. Provision for mediation without allowing for prior legal advice is unlikely to be generally successful and may, in cases where there is a real discrepancy in resources, be detrimental. We look forward to considering the consultation and responding."
Find out more and respond to the consultation
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There is a long tradition and culture of mentoring at the Bar. From pupillage onwards, barristers learn and develop their skills by watching and working with more experienced colleagues.
The Bar Council is looking for mentors for two of our mentoring schemes:
Silk and Judicial Appointments mentoring scheme
Maternity and New Family mentoring scheme
If you would like more information about mentoring at the Bar or want to volunteer as a mentor then please email:
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New wellbeing certificates
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The Bar Council's Homes for Ukraine Scheme has been designed to match Ukrainian lawyers and civilians who are seeking accommodation in the UK to be matched with barristers who have volunteered to open their homes for a minimum period of six months.
To be included in the scheme, you must be prepared to offer accommodation to an applicant for a period of at least six months. If you are not a British citizen, then you must have had leave to remain in the UK for a period of at least six months.
Find out more information and volunteer
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Cybersecurity questionnaire - one year on
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The Bar Council and the Law Society jointly launched the information security questionnaire on 25 March 2022. One year on and we have received lots of positive feedback on the impact of the initiative for chambers. The Bar Council has worked hard to produce a single common standardised questionnaire that law firms can use when instructing chambers to ensure they have all the necessary cybersecurity measures in place.
Essex Court Chambers operations manager Jacky Chase, who helped create the questionnaire, said the form is "a vital tool in ensuring your chambers has taken all possible care in protecting its data."
Download the questionnaire
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Diversity information for CPS advocate panels
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At the February Bar Council meeting Max Hill KC spoke of the importance of equitable briefing practices in improving the diversity and longer-term health of criminal advocacy. One way that prosecution advocates are being asked to help is to anonymously declare their protected characteristics. It is easy to do and should only take a few minutes:
- Log in to the Advocate Panel Portal
- Click on the Personal Details button
- Update and save your equalities information
The CPS has also published guidance about providing diversity information.
Find out more information
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Part-time judge pensions update
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Following concerns that the Fee-Paid Judicial Pension Scheme would be impacted by the Retained EU Law (Revocation and Reform) Bill, the Lord Chancellor has written to the Lord Chief Justice to confirm that the scheme regulations would be preserved. Joshua Rozenberg KC (hon) has published the letter in full on his website.
Read the letter
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Bar Council statement on judicial independence in Sri Lanka
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In response to the news that the Speaker of the Sri Lankan Parliament has accepted a request to refer the conduct of three Supreme Court judges to the Sri Lankan Parliamentary Committee on ethics and privileges, the Bar Council issued a message to politicians and press.
Nick Vineall KC, Chair of the Bar, said: “An independent judiciary is an essential and integral part of the rule of law ... We hope that the parliamentary authorities in Sri Lanka will reconsider most carefully the appropriateness of questioning Supreme Court Judges before a parliamentary committee, and we similarly hope that the Sri Lankan government will consider most carefully whether it can be ever be right to encourage disobedience to court orders.”
Find out more information
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Europe sees emergence of specialist commercial courts to compete with UK
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In an article for the International Bar Association, Nick Vineall KC has said there has not been a reduction in commercial work since the UK left the EU. He explains that the Commercial Court and the London arbitration sector are as busy, perhaps even busier, than before Brexit. He said:
"The reasons are firstly that the Commercial Court and London arbitration sees a wide cross section of the world’s disputes, and parties domiciled in the EU/EEA [European Economic Area] only account for a modest part of litigation in the Commercial Court ... And secondly, the complexity of the problems thrown up in particular following the Russian invasion of Ukraine and the imposition of sanctions have themselves created a great deal of work."
Read the full story
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This year is the 150th anniversary of the Technology and Construction Court (TCC) and the celebrations include an exhibition and events throughout the year.
In a blog for the Bar Council, Vice Chair of the Bar, Sam Townend KC highlights the history and importance of the Court on this special occasion. He says "The exhibition includes a detailed timeline of the 150 years, warts and all ... There is so much to challenge the proper operation of the justice system, deprived as it is of adequate resourcing, so it is important to celebrate the good that we have. Happy Anniversary TCC!"
Read Sam’s blog
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On Thursday 27 April the Society of Construction Law is hosting a seminar on ‘The evolution of technology litigation’ in London. On circuit there are events in Bristol on 18 May, in Birmingham on 6 July, and in Manchester on 5 October. On 2 November a one-day conference on ‘The future of construction law and dispute resolution’ will be followed by a gala dinner.
Find out more information and book your place
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How can the Bar support barristers and staff during Ramadan?
Fostering a more diverse legal profession is a critical part of building and maintaining public trust and confidence in the legal system. In a guest blog for the Bar Council Christianah Omobosola Babajide highlights how the Bar can support barristers and staff during Ramadan.
Read Christianah's blog
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The Young Barristers’ Committee focus on the climate crisis
In his latest blog for the Bar Council, the Chair of the Young Barristers Committee, Michael Harwood said: "At the outset of the year, I wrote that one of my objectives for 2023 was to make the Young Barristers’ Committee front and centre on the Bar's response to the Climate Crisis. It is a multi-faceted goal, which to my mind requires - amongst other things - improving the number and quality of conversations the profession is having on the subject and how it affects our professional and personal lives."
Read Michael's blog
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Wine tasting evening
BACFI event
Thursday 20 April
From 17:30
In-person, London
This Bar Association for Commerce, Finance and Industry (BACFI) event is a tutored wine tasting of four of the great classics, accompanied by artisan cheese and charcuterie from London's Leadenhall Market. To book your ticket or if you have any queries please email: ?subject=Wine%20tasting%20evening
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Perspectives on Pro Bono: from young lawyers to judges
Bar Council and Advocate event
Thursday 27 April
18:00 - 19:00
Online
Join Advocate and the Bar Council's Young Barristers' Committee for a special online seminar for the young Bar. The event will be exploring perspectives on pro bono work, with insights from both young lawyers who are at the beginning of their careers, and judges. The session will be facilitated by Michael Harwood, Chair of the Young Barristers’ Committee.
Book your place
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Novelists and Lincoln’s Inn
Library exhibition
Until Friday 28 April
Open daily (not Sundays)
In-person, London
Lincoln's Inn Library is currently hosting an exhibition of novels and novelists. The material on display ranges from titans of Victorian literature to contemporary novelists via 20th Century murder mysteries.
Find out more information
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MTYBA spring social
Middle Temple event
Friday 28 April
18:00 - 23:00
In-person, London
Middle Temple Young Barristers' Association invites all young lawyers to its spring social in the beautiful Middle Temple gardens in (hopefully) splendid weather!
Get tickets
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CyberSecurity at the Bar
Bar Council and Mitigo event
Tuesday 23 May
15:00 - 18:00
In-person, London
There is still time to get the 10% early bird discount for our new event Cybersecurity at the Bar. Join us for a half-day session that will support chambers in improving cybersecurity and creating a culture of cyber resilience.
Book your early bird place by Friday 31 March
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Public Access for barristers
Bar Council event
Thursday 18 May - Friday 19 May
Day one 9:00 - 17:30
Day two 9:30 - 13:45
In-person, London
This course provides an opportunity to extend the terms of your practising certificate and widen your potential income streams. The course reviews the BSB regulatory framework and explains strategies to manage risks. Focus is also placed on the skills to deliver excellent client care, case management and self-management. Participants are encouraged to examine and expand their current business model.
Book your place
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Bar Council vacancy for elected employed Junior over 7 years in practice/KC
Expressions of interest are invited from practising barristers who are an employed Junior over seven years/KC. Members of the Bar Council are expected to attend Bar Council meetings (either in person or virtually) and all candidates must hold a valid practising certificate. The deadline to apply is 16:00 on Monday 27 March.
Find out more information
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Bar Council Law Reform Committee
The Bar Council is seeking four practising barristers to join the Law Reform Committee. The committee is particularly interested in applications from barristers specialising in consumer law, company law, public law and criminal law. The deadline to apply is 10:00 on Tuesday 28 March.
Find out more information
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Bar Council Information and Technology Panel
The Bar Council’s IT Panel is currently seeking new members and this includes legal professionals and Chamber’s IT professionals, other applicants are also welcome. The deadline to apply is 16:00 on Friday 31 March.
Find out more information
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Bar Council representatives: Government Legal Department
The Bar Council wants to nominate three barristers, each to sit on one of the three selection boards that will recruit to the Attorney General’s London A, B and C Panels of Junior Counsel later this year. The closing date for applications is 16:00 on Monday 10 April.
Find out more information
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The Bar Council (England and Wales) · 289-293 High Holborn
London, London WC1V7HZ · United Kingdom
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