Article 11 Defence – 29.06.22

Dear Member,

Please find below:

Summary of Advice – Article 11 defence to participating in days of action

1. A summary of advice provided to the CBA Executive Officers by Richard Clayton QC, Daniel Stilitz QC, Sean Jones QC, Thomas de la Mare QC, Michael Ford QC, and Faisel Sadiq, on the extent to which Article 11 ECHR affords a barrister observing the CBA’s “days of action” a defence to an application for wasted costs/disciplinary action by the BSB.

• Link to Summary of Advice (Article 11 ECHR)

2. If you are instructed (or otherwise intend) to apply to adjourn a case, or to not sit on a particular day in order to facilitate your attendance at a day of action, you will wish to consider the summary of advice, specifically paragraph 7, and to invite the court to give consideration to your Article 11 right to strike, when coming to a listing decision.

3. A civil legal team of highly experienced Silks and juniors, including the authors of the report, are instructed by the CBA for the duration of the action to advise and, if necessary, to represent us.

Revised letters to Judges and Solicitors (Article 11) 

4. Revised days of action letters, to Judges and Solicitors, citing the Article 11 defence, are now available here. Please ensure you use these templates and not those previously provided to you.

• Link to Revised Letter (Judge)
• Link to Revised Letter (Solicitor)

CBA Guidance for barristers in relation to wasted costs 

5. New CBA guidance for barristers in relation to wasted costs.

• Link to CBA Guidance (Wasted Costs)

CBA Guidance for barristers facing a referral to the BSB 

6. New CBA guidance for barristers facing a referral to the BSB.

• Link to CBA Guidance (BSB Referral)

CBA Days of Action Guidance 

7. You are reminded of the importance of continuing to follow the CBA Days of Action Guidance which can be accessed here.

• Link to CBA Days of Action Guidance – This guidance has not been amended.

Three Days of Action are scheduled for next week: Monday 4th July, Tuesday 5th July and Wednesday 6th July.

Information in relation to arrangements for each of those days, will follow later this week.

Further to a national meeting of CBA members yesterday, there is a Heads of Chambers meeting tonight. The Criminal Silks panel continues to be available to respond to your enquiries [email protected].

Our Unity is our Strength.

View more news