Issue 213 | 16 November 2023
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Rwanda emergency law reaction
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 Reacting to Rishi Sunak's decision to introduce emergency legislation following the Supreme Court Rwanda ruling yesterday, Bar Council Chair Nick Vineall KC said:
“The Bar Council notes with grave concern the Prime Minister’s suggestion that legislation might be introduced the purpose of which is apparently to deem Rwanda to be a safe country to which to return asylum seekers.
“This morning’s Supreme Court decision upheld the principle that a scheme, like the proposed Rwanda scheme, could be lawful, so long as, as a matter of fact, Rwanda was a country to which refugees could be returned without a risk of refoulement (that is to say without there being a risk that refugees would be returned to the country from which they were fleeing). The Supreme Court held that the Court of Appeal had been right to decide that Rwanda was not such a country. The Supreme Court decision therefore turns on a question of fact.
“If parliament were to pass legislation the effect of which was to reverse a finding of fact made by a court of competent jurisdiction, that would raise profound and important questions about the respective role of the courts and parliament in countries that subscribe to the Rule of Law.
“We hope that any such legislation would only be brought forward after the most anxious and careful consideration of its constitutional propriety. If and when such legislation is proposed, we will consider it carefully.”
The Bar Council reaction was included on the front page of the Financial Times, in The Guardian and highlighted in Joshua Rozenberg’s latest article.
Read Joshua Rozenberg’s article
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Bar Council responds to King's speech
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Responding to the wide range of legislation announced in the King’s speech, Bar Council Chair Nick Vineall KC said:
“The King’s speech has set out an ambitious parliamentary agenda including various Bills affecting the justice sector. The court system has suffered over a decade of underfunding and legal aid cuts have denied many people effective access to justice. Additional funding is urgently required both to ensure that the courts and justice system can adequately function and to enable the delivery of the draft legislation announced today.
“The Bar Council will give careful consideration to the proposals concerning whole-life sentences. There is an obvious risk that when no credit can be achieved from a guilty plea, defendants who know that they have no defence will nevertheless insist on a trial, which means that their victims have to give evidence.”
Read the Prime Minister's press release: Criminal justice at the heart of the King's speech
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Junior counsel participation in hearings
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The Lady Chief Justice of England and Wales and other senior members of the judiciary have announced a new initiative to encourage greater participation of junior counsel in courts and tribunals hearings. It is aimed at providing junior counsel in general, and female junior counsel in particular, better opportunities to advance at work.
Bar Council Chair Nick Vineall KC said: “The LCJ's statement encouraging the participation of junior counsel in oral argument in court and tribunal hearings is welcome and is supported by the Bar Council and the Young Barristers’ Committee. The Bar Council leads the profession on analysing the available data showing the general patterns of opportunities and career progression across the Bar and we are pleased to endorse this new initiative that will help support the continuing professional development of junior advocates including women and other under-represented groups.”
It is hoped the initiative will encourage and empower practitioners to actively identify opportunities for junior representatives to increase their involvement within appropriate proceedings and it also encourages judicial office holders to directly support the development of junior representatives.
Research data from a Supreme Court study shows that women are under-represented as leading advocates.
Read the announcement
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Congratulations to the following barristers who have been elected to the Bar Council for one-year terms starting in January 2024:
- Self-employed Juniors under seven years in practice: Emma Hughes, Anushka Kangesu and Matthew Keliris-Thomas
- Self-employed King's Counsel: Fenner Moeran KC
Thank you to everyone who put themselves forward. We have one remaining casual vacancy for a self-employed KC to join the Bar Council for a two-year term.
Find out more information
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 In his Counsel magazine column this month, Bar Council Chair Nick Vineall KC highlights the problematic gatekeeper agenda, earnings disparities, best practice in chambers, Pro Bono Week 2023, and the Rules of War.
Read the Chair's column
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Greater support for chambers management
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 Do chambers need greater regulation, or just better support? Over the past eight months the Bar Council Chambers Management Working Group has been exploring the question of chambers management and regulation. Under the emerging themes of regulation and compliance, recruitment and training, and governance and financial management, the Working Group has made a series of recommendations for the Bar Council to take forward.
In this blog, the Bar Council’s Director of Services Carolyn Entwistle outlines the background to the Working Group and the next steps that the Bar will be taking to improve support for chambers.
Read the blog
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Apply to join the Chambers Management Panel
The first step in improving support for chambers is to set up a Chambers Management Panel that will oversee the delivery of the recommendations over the next couple of years. We’re looking for barristers and chambers professionals in senior leadership positions to fill three vacancies on the panel. The deadline for applications is 10:00 on Wednesday 29 November.
Find out more and apply
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 We are pleased to announce that the latest chambers awarded the Bar Council's Wellbeing Certificates of Recognition are:
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- 4 New Square
- 5 St Andrew’s Hill Chambers
- 11 King’s Bench Walk
- 39 Essex Chambers
- 4-5 Gray’s Inn Square
- Atkin Chambers
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- Central Chambers
- Kings Chambers
- Landmark Chambers
- St John's Buildings Chambers
- St John’s Chambers
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These certificates are awarded to recognise the exceptional dedication to improve wellbeing at the Bar and come under the new certificate programme relaunched earlier this year. The certificates are valid for three years.
All applications received between 1 October 2023 and 31 March 2024 will be considered in the April round and applications received between 1 April and 30 September next year will be considered in the October round. Applications will be processed within a four-week period of the deadlines in September and March. Certificates issued before September 2022 are no longer valid.
We welcome organisations who do not currently hold a valid wellbeing certificate to submit a new application. For further information about the application criteria and certification process please visit the Wellbeing at the Bar website.
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International opportunities
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Are you looking for opportunities to export your legal services overseas? Are you interested in doing business in Kenya, Tanzania, Burundi, Uganda, Rwanda and South Sudan? The expressions of interest form for the UK Government's GREAT Legal Services delegation to East Africa is now open.
The delegation will visit East Africa in March and applications close on Monday 27 November.
Find out more
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Why London is the best place to resolve legal disputes
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 Bar Council Chair Nick Vineall KC delivered the first in the new Lord Mayor’s lecture series ‘Knowledge Miles’ on the subject of ‘Why London is the best place in the world to resolve legal disputes – and how to keep it that way.’
The lecture, delivered online to a largely lay audience in the City of London, set out five key factors favouring London, explained the differences between litigation and arbitration, and described the work of some of the arbitration bodies based in London.
Watch the recording
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 IBA conference: key highlights and takeaways
This new blog reflects on the Bar Council’s attendance at the International Bar Association’s (IBA) Annual Conference, the leading conference for legal professionals, held in Paris this year. The Bar Council delegation was involved in forums and panels discussing topical legal issues such as ‘ethical gatekeepers’ and SLAPPS, and forged new partnerships, as well as fostering existing ones.
Read the blog
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Senior Circuit Judge, Resident Judge
The Judicial Appointments Commission (JAC) has been asked to recommend three candidates for this post, one each in Teesside, Woolwich, and Wood Green. Resident Judges carry out significant leadership and management duties and are responsible for ensuring effective case management within the court centre as well as managing their own cases and caseload.
Candidates must already be authorised to hear Class 1 cases of murder, attempted murder, and serious sexual offences, or must have the necessary experience and ability to be granted such authorisation immediately upon appointment. The deadline for applications is extended for a further week to 13:00 on Tuesday 21 November.
Find out more information and apply via the JAC website
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High Court Family Judges
The Judicial Appointments Commission (JAC) is advertising vacancies for up to four Family Judges, up to two of whom should, if possible, be money specialists. The JAC expects that any candidate who aspires to this senior level will have taken steps before applying, to orientate themselves and their portfolio of work such that they can clearly demonstrate their suitability to be a High Court judge and meet the specific requirements of the Division for which they are applying. To apply, you must be a solicitor or barrister with at least seven years post qualification legal experience, and you must also be able to offer a reasonable length of service, usually five years, before the statutory retirement age. The application window will close on Tuesday 5 December.
Find out more information
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Specialist Circuit Judge (Leeds, North Eastern Circuit)
The Judicial Appointments Commission (JAC) has been asked to recommend one candidate for this post. Candidates must have substantial knowledge and experience of Chancery law and procedure, with some experience in commercial law, work undertaken by the Circuit Commercial Court and of the Technology and Construction Court. It is expected that candidates’ evidence of knowledge and experience of Chancery law and procedure will be within the last seven years.
In addition, the successful candidate must be suitable for authorisation (upon appointment) to the pool of judges that act as a judge of the High Court under section 9(1) of the Senior Courts Act 1981, if not already authorised under that section. Business and Property Courts hearings are conducted in person unless directed otherwise. Candidates must live within reasonable travelling distance of the court/s at which they will sit upon appointment. There is no requirement for candidates to have Previous Judicial Experience for this post and the deadline for applications is 13:00 on Tuesday 5 December.
Sign up for an alert about this exercise
The exercise opens on Tuesday 21 November – find out more and apply
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International Rule of Law Lecture 2023
Bar Council lecture
Tuesday 21 November
18:00
In-person, London
Professor Tetyana Antsupova, former Judge of the Supreme Court of Ukraine, will be giving the Bar Council International Rule of Law Lecture 2023. This free event aims to spotlight the delicate task of balancing judicial reform with independence, affirming the judiciary's role as a stabilising force, even in the face of external aggression.
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ALBA lecture on human rights
Constitutional & Administrative Law Bar Association event
Tuesday 21 November
18:00
Online upon request and in-person, London
This year’s Constitutional and Administrative Law Bar Association (ALBA) lecture, titled ‘The UK Supreme Court and the European Court of Human Rights – How do Judges speak to each other in human rights matters?’, will be given by Robert Spano, the former President of the European Court of Human Rights, and now a partner at Gibson Dunn in London. The annual lecture will be preceded by the AGM at 18:00 and there will be a drinks reception after the lecture.
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Challenging unfairness in the immigration system
Public Law Project seminars
Tuesday 21 November – Friday 24 November
Online
This event is for those seeking to challenge discrimination and unfairness in immigration, using strategic legal, research and policy work. The series of seminars will involve identifying avenues of strategic challenge in the immigration system and learning from case studies of discrimination in the immigration system.
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Professionalism - Have we "had enough of experts"?
Inner Temple event
Tuesday 28 November
18:00
Online and in-person, London
From immigration and human rights lawyers being scorned as “activists” to judges being labelled “enemies of the people”, arguments are being advanced by personal attacks on professionals rather than directly addressing the issue. A panel, including Bar Council Chair Nick Vineall KC, will discuss how we can address common misconceptions and help the public understand the vital contribution to society professionalism makes.
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Disability Inclusion: Making reasonable adjustments in recruitment and onboarding
Bar Council Seminar
Tuesday 28 November
17:30
Online
This free online event will support those preparing for the next pupillage recruitment round. It aims to explain good practice in making reasonable adjustments for candidates with disabilities, clarifying what is and isn’t lawful. We will also share the experience of chambers who have successfully onboarded pupils, members, and staff with disabilities, and have created resources based on their experience for others across the Bar.
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Careers at the Employment Bar
ELBA Event
Wednesday 29 November
18:00
In-person, London
This Employment Law Bar Association (ELBA) event will discuss ‘Careers at the Employment Bar: Encouraging Silk / judicial applications from women and those from ethnic minority backgrounds’. The talk will be opened by Mrs Justice Eady DBE (P), followed by a discussion on advancing the careers of women and those from ethnic minority backgrounds at the Employment Bar.
Book your place by emailing:
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Cross-Border Issues in Civil Litigation
The European Circuit Event
Thursday 7 December
17:30
Online and in-person, Manchester
A panel of experts, including The Hon Mrs Justice Sara Cockerill, will discuss how to navigate the jurisdictional issues in any case involving a party in another jurisdiction, particularly the rules for serving proceedings abroad or enforcing the judgments of foreign courts. With continuing complications from Brexit and the possibility of the UK signing the Hague Judgments Convention, it’s a good time to take stock of cross-border aspects of the civil procedure.
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The Denning Lecture 2023
The Bar Association for Commerce, Finance, and Industry Lecture
Thursday 7 December
18:00
In-person, London
From liability to deduct PAYE tax to liability for historic abuse, and from calculating holiday pay to collective bargaining, Lady Rose of Colmworth DBE will explore how the law is evolving in response to the brave new world of work in her lecture, “On the Job? The Law on Status in a Gig Economy”. The lecture, chaired by James Kitching, will be followed by the BACFI Christmas Reception.
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