*/
Barristers will be allowed to refuse work where there is an “unacceptable” risk that they will not be paid by solicitors, under proposed changes to the cab rank rule.
The Bar Standards Board (BSB) said it hoped to have applied to the Legal Services Board (LSB) for approval by the end of July.
If granted, the change will dispense with the list of defaulting solicitors – from whom barristers are permitted to decline work.
Guidance from the regulator stated that barristers will be expected to consider alternatives, such as obtaining payment in advance or using a third party payment service, before refusing to take on a case.
The change follows a review conducted somewhat late in the day by the BSB, at the behest of the uber-regulator, the LSB, after the introduction of standard contractual terms between barristers and solicitors in 2013.
The BSB undertook to review the regime by July 2014, after an LSB investigation found that the Bar Council had interfered with the regulator’s independence in relation to the contract and cab rank changes.
Last month, following a “full and thorough” review “undertaken from first principles”, the BSB said it had reached a decision “entirely independent of the Bar and its representative bodies” that retention of the reference to the standard contractual terms within the cab rank rule was necessary, in the public interest.
Barristers will be allowed to refuse work where there is an “unacceptable” risk that they will not be paid by solicitors, under proposed changes to the cab rank rule.
The Bar Standards Board (BSB) said it hoped to have applied to the Legal Services Board (LSB) for approval by the end of July.
If granted, the change will dispense with the list of defaulting solicitors – from whom barristers are permitted to decline work.
Guidance from the regulator stated that barristers will be expected to consider alternatives, such as obtaining payment in advance or using a third party payment service, before refusing to take on a case.
The change follows a review conducted somewhat late in the day by the BSB, at the behest of the uber-regulator, the LSB, after the introduction of standard contractual terms between barristers and solicitors in 2013.
The BSB undertook to review the regime by July 2014, after an LSB investigation found that the Bar Council had interfered with the regulator’s independence in relation to the contract and cab rank changes.
Last month, following a “full and thorough” review “undertaken from first principles”, the BSB said it had reached a decision “entirely independent of the Bar and its representative bodies” that retention of the reference to the standard contractual terms within the cab rank rule was necessary, in the public interest.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
A comparison – Dan Monaghan, Head of DWF Chambers, invites two viewpoints
And if not, why not? asks Louise Crush of Westgate Wealth Management
Marie Law, Head of Toxicology at AlphaBiolabs, discusses the many benefits of oral fluid drug testing for child welfare and protection matters
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier