Chambers Blog

Direct access for Chambers to lay clients has been extended as per the following press release from the Bar Council:

1 April 2010

The Legal Services Board approves Bar Standards Board applications designed to relax provisions in Code of Conduct for barristers' working practices  
Significant changes to the Code of Conduct now for the first time permit barristers to:
�¡Become managers of Legal Disciplinary Practices (LDPs)
�¡Work in partnerships
�¡Work in both a self-employed capacity and employed capacity at the same time (although not in the same case)
�¡Hold shares in LDPs
�¡Share premises and office facilities with others
�¡Investigate and collect evidence and witness statements
�¡Attend police stations
�¡Conduct correspondence
In addition, there has been a significant extension to the Public Access Scheme.
The Legal Services Board (LSB) approved three applications, submitted by the BSB, that change or relax provisions in the Code of Conduct relating to barristers' working practices. The code amendments and the guidance approved by the LSB take immediate effect.
The LSB (which has taken over responsibility to approve such amendments from the Ministry of Justice), approved the following applications:
�¡LDP Application - This application arises from the Board decisions in November 2009 to permit barristers to work as managers in Legal Disciplinary Practices (LDPs), to work in a ‘dual capacity', to hold shares in LDPs, to work in partnerships.
�¡The Structure of Self-Employed Practice Application - This application also arose from the November 2009 Board meeting and in many ways complements the first by enabling the Bar to offer services to consumers in a variety of flexible ways, including permitting barristers to: share premises and office facilities with others, investigate and collect evidence and witness statements, attend police stations, conduct correspondence.
 
�¡The Public Access Scheme Application - This application follows the review of the public access scheme in 2009.  It is a further set of changes designed to enable greater direct access to barristers' services for consumers and permits barristers to: offer services in an enlarged area and to engage in correspondence between parties.
Commenting on the LSB's approval of the BSB's Code amendments, Baroness Deech, BSB Chair, said:
"The BSB is committed to making appropriate changes to permitted practice at the Bar to benefit its clients in terms of greater access to barristers' services, broadening the range of services available from the Bar, giving consumers more choice and bringing down costs whilst maintaining the high standards associated with the Bar. The BSB is therefore very pleased that the LSB has approved these three applications as submitted."
 
Notes to the Editor
1.The following link takes you to application decisions on the Legal Services Board's website:
http://www.legalservicesboard.org.uk/what_we_do/regulation/applications.htm
2. For more information please contact the Bar Standards Board Press Office on 020 7067 0123
3.Visit the Bar Standards Board website at www.barstandardsboard.org.uk

John Snell would like to congratulate Andrew Willetts on behalf of Chambers for his tremendous achievement in being appointed a Recorder. Andrew was sworn in at Nottingham Crown Court on 10^th February 2010 by Mr. Justice Flaux along with several other newly appointed Recorders.

It is understood that in 2010 direct access will be extended to other areas of law. If you wish to receive details of this please contact the Bar Council.

Government figures obtained under the Freedom of Information Act 2000 show a significant increase in the number of child abductions compared with 2005. The figures for 2008 show a 20% increase on the number of abductions from 2005 with almost 500 children taken abroad illegally. This represents a 93% increase compared to figures for 1995. Of the 336 cases reported to the authorities in the UK, most children were taken to Pakistan (30 cases), followed by the USA (23), Ireland (22) and Spain (21). Other destinations that featured highly were Egypt, France and Australia. 134 of the cases involved children being taken to non-Hague Convention countries.

On 13 August 2009 the EAT gave its decision in Amnesty International v Ahmed (UKEAT/0447/08/ZT). The case concerned Ahmed, a Sudanese woman, who was refused promotion to the position of Sudan Researcher by Amnesty as they believed that such an appointment would compromise their perceived impartiality and therefore their effectiveness. She resigned and claimed for race discrimination and constructive dismissal.

In their judgment, upholding the original tribunal's decision the EAT stated that this behaviour constituted direct discrimination contrary to sections 1(1)(a) and 4(2)(b) of the Race Relations Act 1976 as the decision not to appoint her was based solely on her ethnic origin and despite Amnesty's potentially justifiable reasons. (James v Eastleigh Borough Council [1990] 2 AC 751 applied). The claim for constructive dismissal failed.