Issue 214 | 30 November 2023
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Justice Committee considers legal regulation
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 Earlier this week, Chair of the Bar Nick Vineall KC was invited to give oral evidence to the Justice Select Committee on the regulation of the legal professions. BSB, Cilex, and Cilex Regulation also appeared in separate sessions, and the Law Society, SRA and LSB will give evidence next week.
In response to questions from MPs, Nick said the Bar Council thinks the Legal Services Act 2007 created a good compromise and that it is “important that its purpose is put into effect as Parliament intended”. He also submitted that a review of the LSB was overdue, adding: “You can’t mark your own homework indefinitely”. He raised concerns about LSB overreach in relation to issues such as SLAPPs and NDAs, which should be matters for Parliament.
The session also covered the Bar Council’s view on the role and performance of the BSB; whether chambers should be regulated; diversity in the profession; bullying and harassment; and workforce concerns in the criminal Bar due to the level of rates paid for criminal work.
Watch the Chair’s evidence
Find out more about the inquiry
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Bar Council welcomes fixed recoverable costs uprating in 2024
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The Bar Council has welcomed the Lord Chancellor’s announcement that he would be further uprating the fixed recoverable costs figures for inflation in April 2024.
Sam Townend KC, Vice Chair of the Bar, said: “It is good news that the fixed recoverable costs figures are again to be raised in April 2024 having been raised for the first time in a decade for fast-track cases this October. It is essential for access to justice that fixed recoverable costs thresholds keep up with the rate of inflation, to allow for the work covered by the regime to be viable for both solicitors and barristers.
“I am pleased that the Lord Chancellor also agreed to look at the question of independently set annual uprating of these costs recovery caps. The current system which splits the setting of the rates by the Ministry of Justice from the implementation by the Civil Procedure Rules Committee is cumbersome and lacks transparency, predictability and consistency and is bad for consumer claimants, defendants, and the legal professions.”
Read the Bar Council's press release
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The Bar Council has welcomed the new Arbitration Bill, which will implement changes recommended by the Law Commission. Nick Vineall KC, Chair of the Bar Council, said: “We are pleased the Government is making time in Parliament to bring in the Law Commission’s characteristically careful and well-thought-out proposals for change.
“London has a well-deserved reputation as the foremost centre for international arbitration thanks to the well-developed system of English and Welsh law, the excellent judges of the Commercial Court, the quality of London arbitration bodies, and the wide pool of experienced arbitrators. Through the Arbitration Bill, the modest proposed changes to the arbitration regime will enable London to maintain and enhance that reputation.
“There are some points in the Bill where reasonable people might reasonably differ on some of the details and these issues can be debated in Parliament. But the critical thing is to ensure sufficient time is found to pass into law this eminently sensible piece of legislation.”
Read the Government's press release
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Churchill v Merthyr Tydfil judgment response
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Nick Vineall KC, Chair of the Bar Council, said: “The Bar Council intervened and submitted that there can be circumstances in which a court can direct parties to use ADR (alternative dispute resolution). This is what the Court of Appeal has decided.
“ADR in general, and mediation in particular, are powerful tools for resolving disputes and can save parties time, cost and stress. However, whether or not it is appropriate to compel unwilling parties to use ADR techniques will be highly fact specific.”
Read the judgment
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PCF and budget consultation: Have your say
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The General Council of the Bar has published its 2023/24 Practising Certificate Fees (PCF) and budget for consultation. Please read the consultation and submit your views via the online survey form.
The consultation closes at 17:00 on Friday 5 January 2024.
Read the consultation and respond
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Court ID cards and random searches
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HMCTS and the Bar Council would like to remind all members of the professional users' courts and tribunals access scheme (i.e. those who hold ID cards) that they may be subject to random searches as part of the scheme. Under the conditions of entry, around 10% of scheme members will be subject to random searches.
If you are selected for a random search, please be polite and respectful to court staff. If you have any issues with court staff during these searches, please contact the ?subject=Professional%20users%E2%80%99%20courts%20and%20tribunals%20access%20scheme who will investigate the matter with HMCTS.
Find out more about the scheme
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The Bar Council is aware that many organisations in the legal sector, including some chambers, have been impacted by the CTS service outage caused by a cyber incident. CTS is in direct contact with clients.
We asked our cyber security partner Mitigo to provide members with some advice for affected chambers. Damian Wasey, Partner at Mitigo, said: “The reality is that for services fully hosted by CTS, there is no alternative than to wait until they have been restored. Where CTS do not host your service but do have access to, or manage, any additional systems, platforms, or environments on your behalf, diligence should be exercised to any logins to these.”
If your data security is breached, take a look at the Bar Council guidance on the Ethics and Practice hub. It covers: containment and recovery; assessing the risks; notification of breaches; and evaluation and response.
Access the Bar Council’s guidance on handling data breaches
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International Rule of Law lecture
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 The Bar Council's International Rule of Law lecture was delivered by former Judge of the Supreme Court of Ukraine, Tetyana Antsupova. The lecture explored 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.
Watch the lecture
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World Bar Conference in 2024
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The Bar of Northern Ireland and the Bar of Ireland will jointly host the World Bar Conference 2024 under the theme ‘Independent Referral Bars – Responding to Global Challenges’ in Belfast and Dublin on Wednesday 15 to Friday 17 May. Topics under discussion include: cancel culture and free speech; Artificial Intelligence; human rights and migration; the rule of law in an age of conflict; and law in the era of the climate crisis.
Find out more information and register
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 Pupillage at the employed Bar: Citibank
As part of our blog series on Pupillage at the employed Bar, two barristers at Citibank discuss undertaking pupillage in-house. Sharon Blackman OBE, Head of FX Legal, discusses how Citi becoming an AETO was born out of her own experience of qualifying at the employed Bar and building a legal career. Corinna McClune, the Sanctions, AML and Anti-Bribery Counsel, Senior Vice President, is Citi’s first pupil and she shares her experience and the advantages of undertaking pupillage in a commercial organisation.
Read the blog
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Should cohabiting couples have the same financial rights and responsibilities as those who are married/in a Civil Partnership?
Family Justice Council event
Thursday 7 December
17:30
Online and in-person, London
The Family Justice Council’s 16th annual debate will be chaired by Sir Andrew McFarlane, President of the Family Division and Chair of the Family Justice Council. It is hoped a cross-section of all the key professions working in the family justice system will attend and applications from those who represent the interests of service users are welcome.
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5th Women in Chancery (North) Lunch
Chancery Bar Association event
Thursday 7 December
13:00
Online and in-person, Leeds
At this event, barrister Hilary Stonefrost (South Square) will be sharing her insights and experiences. She spent a decade as an economist at the Bank of England before being called to the Bar. Hilary also has a niche expertise in insolvencies involving football clubs.
Book your place by emailing Carly Sandbach at ?subject=5th%20Women%20in%20Chancery%20(North)%20lunch%20booking
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Children's Christmas Tea with Father Christmas
Inner Temple event
Sunday 10 December
16:00
In-person, London
Following the 15:30 Nativity Play, Inner Temple is hosting a Christmas Tea open to all with adult tickets including tea, coffee, and biscuits. Children’s tickets include tea and a present from Father Christmas. Non-members, scroll beneath the members login box and click “add ticket” to book your ticket.
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Russian Sanctions: prohibition on the ‘Provision of Legal Services’
The Bar Association for Commerce, Finance, and Industry webinar
Monday 11 December
17:30
Online
This webinar explores what the prohibition on the 'Provision of Legal Services' found in the Russia (Sanctions) (EU Exit) (Amendment) (No. 3) Regulations 2023 will mean for lawyers, particularly those practising in commerce, finance, and industry. The new restrictions have caused considerable uncertainty, and this webinar gives attendees the opportunity to discuss the practical consequences of the unexpectedly wide-ranging prohibition.
Book your place by emailing ?subject=Russian%20sanctions%3A%20prohibition%20on%20the%20'Provision%20of%20Legal%20Services'
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Carols for Pro Bono
Advocate and LawWorks Christmas Carol Concert
Thursday 14 December
18:15
In-person, London
The concert will take place in the heart of London’s legal quarter at the historic Temple Church, the perfect venue for an enchanting evening of music, traditional carols, and a special line up of guest readers, including the Lady Chief Justice Sue Carr, and actors Stephen Managan and Alex Macqueen. There will also be musical performances from Chambers choir Collegium Musicum and cellist Waynne Kwon.
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Bar Council vacancy - Services Appointment Panel/Bar Representation Committee
There is currently one vacancy for a practising barrister, specialising in either arbitration or mediation and with relevant committee experience, to sit on the Bar Council’s Bar Representation Committee and act as the Joint Chair to its sub-panel, the Services Appointment Panel.
If you are interested in the role and would like to have an informal discussion before making an application, please contact the Bar Council’s Director of Services, Carolyn Entwistle via email: ?subject=Bar%20Council%20vacancies
The deadline for applications is 10:00 on Wednesday 13 December 2023.
Find out more information and how to apply
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Judicial Appointments - King’s Bench Master
The Judicial Appointments Commission (JAC) has been asked to recommend one candidate for the post of Master of the King's Bench Division, Royal Courts of Justice, London.
King's Bench Masters have the opportunity to specialise in different areas including the Asbestos List, the Clinical Negligence List and the Media and Communications List.
The deadline for applications is 13:00 on Tuesday 19 December.
Find out more information and how to apply
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