Civil

The pro bono case of Compton—challenging a decision to close a local hospital—has clarified the law relating to protective costs orders. Guy Opperman explains why pro bono work really can make a difference.  

A court case is like a battle. And a test case, involving nine hearings and 12 judges over two years, is the mother of all military campaigns. So it was with the pro bono epic that culminated in the various decisions in R (on the application of Compton) v Wiltshire Primary Care Trust (see [2008] EWCA Civ 749).  Pro bono provides assistance for those who are unable to afford legal representation. This case in its various forms took two years and multiple hearings. What began as a case protesting about the closure of hospital units in Wiltshire developed into a test case on the extent to which ordinary citizens can use protective costs orders (“PCOs”) to challenge decisions of public bodies. 

David Wurtzel meets Sue Carr QC, Chairman of the Complaints Committee of the Bar Standards Board, and discovers how the new complaints procedure is working in practice 

The Chancery Bar Association has published a detailed 88-page response to the preliminary Jackson Review into civil litigation costs. It recommends that judges take a greater role in case management and make more “bold” decisions about direction, scope of disclosure, witness statements and suchlike. It cautions against extending the current range of fixed costs as this would impose an unfair burden on successful litigants. 

The financial limit of the Patents County Court (“PCC”) should be set at £500,000, according to the Judiciary Working Group on Reform of the PCC. 

The recommended limit, which is higher than originally proposed, follows a consultation by the Working Group on PCC reforms. 

The 2009 Conference promises to be accessible, and of interest, to all members of the Bar, says Fiona Jackson.  

On 7 November the 24th Annual Bar Conference will consider as its theme “Access to Justice — Justice for All?”. To answer the perennial question “Why should I go?”, key reasons this year include: 

• A programme including a broad range of workshops debating core issues affecting the whole profession and the justice system. Barristers practising in all areas will find sessions directly relevant to them 
• Prestigious and expert speakers considering Access to Justice issues at home and abroad 
• What better way to earn at least six CPD points and network with colleagues? There are also free and discounted places, online booking and free childcare facilities available 

SECURITY incidents at court do happen and can be a source of great concern to counsel. In recent months, the issue of court security has been brought to the attention of the Legal Services Committee and it has been seeking to establish the extent of the problem. To this end we have asked barristers to let us have details of any violent incidents at court, including incidents of verbal abuse. 

We have also been in contact with the central team dealing with security policy and guidance at HMCS. HMCS has in place systems to monitor security incidents at court and they are urging stakeholders to report all incidents, no matter how minor. This will ensure that they can establish a comprehensive picture of the level of conflict and potential violence and this will enable them to review what provisions can be put in place to mitigate or eliminate this actual or potential threat to court users. 

THE Bar Council has published its response to the Legal Services Board’s wide-ranging discussion paper on Alternative Business Structures (ABS). The response from its Working Group on ABS reflects the Bar Council’s support for a pragmatic and proportionate approach to the liberalisation of the legal services market, as envisaged by Sir David Clementi in his review of legal services in England and Wales. 

In its response, the Bar Council broadly welcomes the introduction of Alternative Business Structures for the legal professions, and believes that legal services consumers will benefit from increased competition between the Bar, known for its low overheads and high levels of expertise, and other legal services providers. 

The Treasury Solicitor’s Department dispels the myths surrounding appointment to the Attorney General’s Civil Panels.  

The Attorney General maintains (by means of an open advertisement and application process) four panels of junior counsel to undertake civil and EU work for all government departments. She has three London panels and a regional panel. 

The Swedish Council Presidency is hosting what could prove to be a timely and politically important conference on this subject on 22 October 2009, reviving the tradition started under the UK Presidency in late 2005. 

See http://www.se2009.eu/en/meetings_news/2009/10/22/a_common_frame_of_reference_for_european_contract_law 

The Chancery Bar Association has published a detailed 88-page response to the preliminary Jackson Review into civil litigation costs. 

It recommends that judges take a greater role in case management and make more “bold” decisions about direction, scope of disclosure, witness statements and suchlike.