Legislation

The Bar Council is changing its emphasis, writes Nick Green QC. It wishes to communicate with the Bar’s clients – and potential clients – the benefits, such as the cost effectiveness, of using the Bar 

The only person who was more surprised than I when the new Lord Chancellor and Secretary of State for Justice was announced was Ken Clarke QC MP himself. Nonetheless, he looked resplendent in his robes when he was sworn in, at 9.30 on 14 May in Court 4 at the Royal Courts of Justice. The entire court was awash with finery since all available judiciary were present in full garb. The formality of the event was nicely counterbalanced by the Lord Chief Justice and the Lord Chancellor exchanging jokes about brown suede shoes. In addition, the Attorney General, Dominic Grieve QC MP, and Solicitor General, Edward Garnier QC MP, were also welcomed by the Lord Chief Justice to their roles. All three of the Ministry top team are barristers, as the Lord Chief recalled during the welcome when he reminded the Lord Chancellor of a divorce case in which they had been adversaries during the 1960s. 

The Bar Standards Board is to conduct a YouGov survey among barristers, clerks and practice managers on their opinions and expectations regarding the new business structures permitted under the Legal Services Act 2007.  The survey will be emailed by YouGov, the Institute of Barristers’ Clerks and the Legal Practice Managers Association.

Solicitor-advocates may be appointed for cases beyond their competency because of a desire to keep costs low, a report commissioned by the Legal Services Board (“LSB”) has found. 

Barristers Dominic Grieve QC and Edward Garnier QC have been appointed Attorney General and Solicitor General respectively in the new Con–Lib Dem coalition government. 

The first tranche of 4.5 per cent cuts to all advocates graduated fees took effect from 27 April 2010. There will be further cuts in April 2011 and April 2012. Disbursements, such as travel and accommodation, are not affected by the fee changes.

James Sharpe discusses the stages of a Law Commission project from start to finish 

Although many are aware of the work of the Law Commission (“the Commission”), fewer may be aware of the stages of a Commission project and how its recommendations fit into the overall process of law reform. This article offers an insight by taking the example of the Commission’s Report, “Children: Their Non-Accidental Death or Serious Injury (Criminal Trials)” (Law Com No 279) which was implemented via ss 5 and 6 of the Domestic Violence, Crime and Victims Act 2004. This introduced the offence of causing or allowing the death of a child or vulnerable adult. 

The Lord Chancellor and the Law Commission for England and Wales have agreed a statutory protocol on how government departments and the Law Commission should work together on law reform projects. Under the protocol, government departments will keep the Commission up to date on policy developments and provide an interim response to proposals within six months and a full response within a year. 

Barristers gleaned a hint of what the future may hold, with the emergence of a rash of political manifestos launched in April. 

The three main parties outlined their promises for legal reform ahead of the general election, as politicians jockeyed for position at the post.
Labour has pledged to “find greater savings” in the legal aid budget and the court system by “increasing the use of successful ‘virtual courts’ which move from arrest, to trial to sentencing in hours rather than weeks or months”. High-earning offenders sent to prison will be required to repay part of their upkeep costs. Asset confiscation will become a “standard principle”, with communities given a say in how seized assets are used. 

Belle Turner reports on the recent YBS seminar “All Change? Or not? For the Young Bar”.  

At this time of great change at the Bar there is some concern as to whether young barristers at a grassroots level are engaged with the potentially career-changing decisions that senior members of chambers may be taking on behalf of their members. There is no small irony that, as a young barrister in a set wishing to become a Legal Disciplinary Practice (“LDP”), for example, the senior members of chambers may profit considerably from the work of the juniors for many years before the juniors themselves benefit. There is a sense in many of the emails which I receive that this wasn’t what people signed up for. 

The Legal Services Act has dramatically reformed the regulatory landscape for barristers, allowing practise in new business structures
alongside other barristers, legal professionals and nonlawyers.