Bar Council urges Government to act over the Bar's Covid-19 financial fears
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The Bar Council has been strongly urging the Government to introduce further targeted financial support to ensure the sustainability of the Bar particularly in light of Covid-19.
The Bar Council has just conducted a survey of Heads of Chambers to demonstrate the immediate impact that Coronavirus is having on the profession and individuals. We surveyed 262 of the largest chambers, of which 145 (55%) have responded to date.
Chair of the Bar, Amanda Pinto QC, says the survey has identified consistent concerns that chambers are facing, which she has raised as a matter of urgency with the Government.
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Supporting the Bar during Covid-19
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The Bar Council has been ensuring the safety and interests of the Bar and the public it serves during these unprecedented times are its priority.
We have made progress and secured measures of support for members of the Bar, including:
• Key worker status for many barristers
• Guidance from the judiciary on attending courts
• Financial support for the Bar, including CPS fees schemes being adjusted to ensure payment for the work performed.
Other support and guidance is available on the Bar Council’s Covid-19 webpage, including:
• Government and HMCTS guidance
• Courts information and updates
• Bar Council statements and email updates.
All information and support, including FAQs, can be found on the Bar Council’s Covid-19 website page.
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PCF block payments extended to alleviate financial pressure on chambers
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The Bar Council, with the support of the BSB, will now introduce a two-staged practising certificate fee (PCF) process for those chambers which have still to pay their set’s fees in a ‘block’ payment. The move is designed to help alleviate financial pressure on barristers and chambers during the Covid-19 outbreak.
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CPS confirms with Bar Council accelerated fees boost
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CPS fee schemes have been temporarily adjusted to enable payment, even where a normal invoice trigger point has not been reached to help advocates doing CPS work.
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Certificates of Good Standing go digital
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Certificates of Good Standing from the Bar Council can only be issued in digital format for the foreseeable future. Hard copy versions are not available during this time.
Barristers requiring Certificates of Good Standing can still request them thorough the Bar Council's Records Office by emailing .
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Working from home safely and securely
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Due to the Covid-19 outbreak, barristers may be required to work remotely for the foreseeable future. In order to ensure data and devices are used securely, the Bar Council’s IT panel has produced a short guidance document to assist on matters of information security when working from home.
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Future guidance will be available once updated information becomes available.
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Ethics and Practice Updates
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As well as the new data protection and security guidance document mentioned above, the following ethical guidance documents have been recently updated:
- Witness preparation
- Foreign work
- Police station attendance
- Defence statements
- Advocates called as witnesses
- Court appointed legal representatives
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Coronavirus Bill: Bar Council response
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The Bar Council’s Law Reform Committee considered in detail the various provisions of the Coronavirus Bill 2020. This response was drawn up in an incredibly short timescale in readiness for sharing amongst parliamentarians, a government department, parliamentary committees and an APPG before the readings and passage of the Bill. The Committee hopes to engage further with Government in the coming weeks and would be interested to hear any views from the Bar as to the provisions of the Coronavirus Act.
The Bar Council considered a number of key clauses and areas including: the emergency registration of health professionals, temporary registration of social workers, emergency volunteers, local authority care and support, food supply, statutory sick pay and powers relating to potentially infectious persons. Other considerations included an invitation for the Government to consider whether legislation could be passed to give the government powers to suspend mortgage repayments and whether such provisions could extend to other credit obligations, such as credit cards, bank overdrafts and motor finance. We also suggested a provision for scrutiny on the operation of the Bill every six months as a minimum requirement and were pleased to find that the Coronavirus Act 2020 provides for a six-month parliamentary review.
The Bar Council's Law Reform Committee conveys their appreciation for those who have worked very hard to produce the Bill in a very short timescale.
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Parliamentary activity has been slower than usual due to the Coronavirus. Existing Bills that were due to be brought before the House have been rescheduled until after Easter recess to allow for the Coronavirus emergency legislation to be brought in. The Bar Council briefed several MPs and Peers as the Bill progressed through each House.
The Bar Council also briefed members of the Justice Select Committee ahead of a hearing with the Lord Chancellor. The committee focused on the preparedness of the justice system and particularly the courts to cope with the demands placed on them as a result of Covid-19. Questions were asked about hygiene in courts, security, and capacity for the system to cope with more remote hearings. The session can be watched here.
For any further information regarding our work in Parliament, please email , Advisor to the Chair, and , Communications and Public Affairs Officer.
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HMCTS: Keep up to date during Covid-19 crisis
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HMCTS has a range of ways that it is keeping Bar members up to date on the latest information relating to the impact of the Covid-19 crisis on the courts and tribunals service.
Their GOV.UK website guidance page should act as the first port of call for the latest public-facing information and provides guidance on a range of key areas such as jury trials, use of video and technology, and the consolidated network of open court buildings.
HMCTS also encourages members of the Bar to subscribe to HMCTS’ daily operational update which will be emailed directly to you every weekday morning and provide a summary of the operational position relating to courts and tribunals during the pandemic.
HMCTS also issue regular advice, guidance and news via their official social media accounts on Twitter , LinkedIn and Facebook.
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Mental health during Covid-19 restrictions: support for the Bar
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Be aware of the potential for mental ill-health caused by Covid-19 and avenues of support. Resources are available on the Wellbeing at the Bar website which includes a confidential telephone support and counselling service (Assistance Programme), as well as a range of wellbeing fact sheets, videos, self-help programmes, interactive tools and educational resources. LawCare also provides telephone helpline assistance and resources.
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Bar Council opposition to Ombudsman’s budget hike pays off
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Plans by the Legal Ombudsman to increase its budget by 20 per cent have been rejected by the Legal Services Board. The hike in the complaints body’s budget was strongly opposed by the Bar Council in its response to the Office for Legal Complaints (OLC) consultation in February, given the concerns about the impact this would have on the profession.
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Temple Church switches on YouTube in time of crisis
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The Temple Church has set up its own YouTube channel to continue to reach the masses amidst the Covid-19 outbreak.
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Counsel magazine goes digital during lockdown
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The April edition of Counsel Magazine has been made available for free for all to read online during the Covid-19 lockdown.
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Watch a free webinar on how to stay GDPR-safe during the Covid-19 pandemic
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GDPR specialists Briefed ran some free webinars for barristers last week on how to stay GDPR safe during the Covid-19 pandemic, particularly given the increase in cybersecurity attacks. More than 250 barristers from 49 sets of chambers joined the live event, and Briefed have now made the webinar available to watch online.
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Briefed also offer a free GDPR assessment tool for technology products and a free remote working policy template. To access the resource please at Briefed or call 07925 902638.
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Please note that Advocate is still open and still trying to help the vulnerable and unrepresented. We know that the poorest are the most likely to suffer and be impacted in the long term by societal disruption and that people are going to lose their jobs, be unable to pay their bills and endure a variety of legal problems. If you are working from home and find yourself with any spare capacity, we can ensure your expertise will still reach those in need at this difficult time.
We have cases ready to go and can send papers digitally through Hyperlaw or email. We also have a small skeleton staff in the office that are continuing to process hard copy papers. Obviously, no-one knows what will happen with the courts over the next few months, which makes taking on representation work difficult, but we have requests for over 100 pieces of advice and drafting uploaded on the website. If you have not yet signed up with Advocate and think you can help, please do so here.
You can also refer cases to us if you know people in need of assistance. Please help us to keep access to justice moving in these uncertain times. We are grateful as ever for all your support.
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The Barristers’ Benevolent Association – helping the Bar
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In light of the current crisis, the BBA is aware that barristers may be experiencing financial difficulties. To enable the BBA to assist where necessary, please consider making a donation to the BBA.
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Contribute to research: Coronavirus impact on justice
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Contribute to the Public Law Project's research on the impact of court closures and remote hearings on access to justice, open justice, and the overall fairness of proceedings.
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New: Legal Aid Billing seminars
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In line with current social distancing best practice, the Bar Council's Legal Aid Billing Seminar series coming up in May and June will now be accessible only through online live streaming. Book your virtual place to hear from expert representatives from the Legal Aid Agency, specialist publicly-funded chambers and solicitors’ associations and firms on how to receive payments faster and reduce the risk of fees being rejected.
With a maximum live stream price of £24, the seminars (as well as our other work supporting the publicly-funded Bar) would not be possible without support from the Bar Representation Fee (BRF). Find out more about the BRF and subscribe.
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