Court dress consultation heads up busy period for Bar reviews
Consultations galore keep the Bar busy over the summer recess, Justice Aikens starts drawing up the final working party report and the Chancery and Commercial Bar Associations appoint new chairmen. Claire Ruckin reports on the latest from the Bar
August 01, 2007 at 08:07 PM
8 minute read
Consultations galore keep the Bar busy over the summer recess, Justice Aikens starts drawing up the final working party report and the Chancery and Commercial Bar Associations appoint new chairmen. Claire Ruckin reports on the latest from the Bar
This year has been particularly busy at the Bar; a fact reflected in the number of consultations issued by both the Bar Council and the Bar Standards Board (BSB). Ahead of the Bar's traditional summer break, Legal Week has rounded up just what the various Bar representative bodies want barristers' opinions on.
The latest Bar Council consultation is seeking opinions on a proposed wig reform. Following the announcement by the Lord Chief Justice, Lord Phillips of Worth Matravers, last month (12 July) outlining changes to what judges will wear in court, the Bar Council issued a consultation paper on court dress in civil and family cases.
The consultation has been sent to members of the Bar, the Law Society, the Solicitors Regulation Authority and consumer groups in order to gauge opinion on plans to scrap wigs and introduce simplified gowns in civil proceedings, ending centuries-old tradition.
Bar Council chairman Geoffrey Vos QC said: "This is an important issue in terms of the way in which the public views the profession now and in the future. The Bar is not necessarily reluctant to change, but we are keen to initiate a full and proper debate before any changes are made."
Following the Phillips' announcement, judges will be required to wear a new, simple gown which is currently under design, while High Court judges in criminal cases will wear their winter robes all year round.
The Government expects to save £300,000 a year by removing newly-appointed judges' £2,595 allowance to buy full-bottom wigs, which are largely for ceremonial use, although there will be a one-off cost of £200,000 for supplying the new civil gown.
Phillips said: "At present, High Court judges have no less than five different sets of working dress. After widespread consultation, it has been decided to simplify this."
He added: "While there will never be unanimity of views about court dress, the desirability of these changes has a broad measure of agreement."
In 2001, a similar consultation was carried out, which showed a majority of barristers favouring the retention of wigs in all types of civil cases. Just under 50% wanted to keep them in most types of family case, where the liberty of one of the parties was not in question. Eighty-four percent of the Bar favoured wigs in criminal cases.
Vos said: "It is quite clear that there are strong views on both sides about the retention of wigs and gowns. The majority view in 2001 was that wigs should be retained in civil cases, but not in family cases, unless someone's liberty was at stake. It will be interesting to see if this is still the case in light of the Lord Chief Justice's pronouncement."
The deadline for responses is 15 October.
Meanwhile, the BSB has announced an ambitious review of the professions' code of conduct, kicking off the rethink with a consultation paper issued in June by the standards committee. Chaired by highly-respected Brick Court Chambers silk Charles Hollander, the initial consultation paper forms part of a three-year project to rewrite the Bar's rulebook for the first time.
Responses should deal with the issue of how the code of conduct can be updated in light of the Legal Services Bill and claims by the Office of Fair Trading that parts of the code may be anti-competitive.
The 'cab rank' rule and the ban on barristers forming partnerships either with themselves or other professionals will be looked at.
Responses to the code of conduct review are due by 15 September.
Many of the consultation deadlines have already closed, but there are a number of decisions which are outstanding.
Lord Neuberger's working group looking at entry to the Bar published its eagerly-anticipated interim report in April. The committee has since been discussing responses to this and is on schedule to report by the end of the year on issues such as raising the entry level to the Bar to a 2:1, competency tests and the return of the unfunded pupillage.
The consultation on quality assurance sent out earlier this year had a number of responses by the 18 May deadline. As a result, a pilot grading scheme is set to run from October for publicly-funded advocates. The scheme is likely to be implemented as a four-tier grading system, with junior advocates starting at level one and working upwards as they handle increasingly complex cases. If this is successful, it could be rolled out across the Bar by 2009.
The Bar Quality Advisory Panel was approved last month, following a consultation. Poorly performing barristers will be reported by judges and colleagues to the panel and will receive help to improve on their performance as well as being encouraged to receive training in aspects of the law they are not up to date with. However, the panel will be entirely advisory and is not intended to be a disciplinary body.
Finally, an answer to the consultation on whether judges should return to private practice, issued last September, is long overdue.
Although this consultation was not issued by the Bar Council or BSB, the issue has sparked much debate among barristers. The newly-installed Ministry of Justice chief, Jack Straw, has not indicated when he expects to reach a decision – although the issue is not expected to be a priority.
All in all, plenty of poolside reading for members of the Bar who break for August.
BCCI working group develops ideas
Justice Richard Aikens' working party to investigate complex cases in the light of the BCCI and Equitable Life sagas is working through the summer, preparing a report to present to the Commercial Court Users Committee on ideas to improve large scale commercial trials.
So far, the nine-person working party, which includes members of the judiciary, the Bar, solicitors and other court users, has come up with a number of ideas to streamline the court process. As a result of the party's work, the concept of paperless litigation could take a step closer to reality, with suggestions including electronic bundles set to be announced to the users committee, in a bid to speed up cases and ditch the lever arch files.
In addition, cost capping, which is currently used in other areas of the court system such as personal injury and group litigations, could be introduced for commercial trials.
Other ideas being considered include a docket system, greater enforcement of the Commercial Court Users Guide (CCUG) and the reintroduction of oral witness statements for the most important part of a case.
The final report is set to be shown to the Commercial Court Users Committee in October. If accepted, there will be changes to the CCUG, once approved by the Lord Chief Justice, and then they will be distributed among the profession.
Justice Aikens told Legal Week: "An awful lot of what needs to happen is already in the guide, but we need to remind ourselves of what is in there and then take it further."
COMBAR and ChBA get new heads
The Commercial Bar Association (COMBAR) and the Chancery Bar Association (ChBA) have recently appointed new chairmen.
Three Verulam Buildings' Ali Malek QC and Erskine Chambers' Michael Todd QC have been appointed as chairmen of COMBAR and ChBA respectively after standing in unopposed elections at the bodies' annual general meeting.
Todd, who replaces Charles Purle QC – the former head of New Square Chambers – will serve up to three years in the role. He will examine issues including the new Rolls Building – the proposed new home of the Chancery division – and initiatives concerning diversity on the bench and at the Bar, including Lord Neuberger's working party on Bar access.
Malek, who replaces 3-4 South Square's Robin Knowles QC in the role, will serve a two-year term. His programme includes a drive to raise the profile of the Bar abroad, especially in emerging markets. He also wants to boost diversity within the commercial Bar as well as launching an initiative to work with solicitors to ensure work is not duplicated, thereby reducing the cost of litigation.
Malek commented: "We must keep London an attractive place to litigate. The construction of the new world-class business courts building is part of this process."
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