Legislation

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. 

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. 

David Wurtzel reports on the latest development in the quality assurance assessment process for the Bar.  

This month the Joint Advocacy Group (“JAG”) is due to publish the results of its consultation on standards in advocacy. It will be closely followed by a consultation on the next stage, namely the methods of assessment. In February the Legal Services Commission (“LSC”) produced a Discussion Paper “Quality Assurance for Advocates” which confirms that they are passing the baton to the JAG along with advice, warnings and a complete report on their own experience in running a quality assurance assessment (“QAA”) pilot which was carried out by Cardiff Law School. 

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.

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. 

Barristers can work in partnerships, attend police stations, conduct correspondence and investigate evidence under historic changes to the Bar’s Code of Conduct. 

They can also become managers of Legal Disciplinary Practices (“LDPs”); work in both a self-employed and employed capacity at the same time; hold shares in LDPs; share premises and office facilities with others; and investigate and collect witness statements and evidence. 

The Legal Services Board approves Bar Standards Board applications designed to relax provisions in Code of Conduct for barristers’ working practices 

The BSB has recently published a consultation paper on its proposals for revisions to barristers’ practising arrangements. Charles Hollander QC and Sarah Brown outline the key themes and explore the challenges ahead.  

The Legal Services Act 2007 (“the Act”) introduces into the regulatory arena the principle of authorisation to practise. In terms of the Bar, this requires new procedures which build upon and extend the current practising certificate regime. The Bar Standards Board (“BSB”) has recently issued a consultation paper on its proposals for authorisation to practise arrangements. 

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.