Message From CBA Officers – 24.06.22
Dear Colleagues,
As you would expect, the CBA is constantly reviewing all of the information provided to us by our wide-ranging membership. Consequently, we feel able to reassure you that the position remains that individual concerns about the risk of wasted costs orders or professional disciplinary proceedings, arising out of participation in days of action, can be effectively mitigated, by applying the CBA guidance.
Further to the LCJ’s message, you will have received an email yesterday from the Chair of the Bar stating,
“…I read and understand the LCJ’s message to mean that individual Judges should not be referring barristers to the BSB, nor should individual Judges be initiating wasted costs applications. In due course, consideration will be given as to whether any case merits reference to the BSB….”
In light of that clarification, we continue to encourage you to follow the CBA guidance and exercise sound professional judgement at all times in order to mitigate the risk of any referrals taking place.
We remind you that there is cover under the Bar Mutual Policy for Disciplinary Proceedings where there is an actual or potential connected civil claim (wasted costs). The Policy also allows for the extension of discretionary cover on a case by case basis.
In addition, the CBA Silks panel (50 Silks) will offer you individual advice and support, including in the event of a referral to the BSB, where you will be represented by a Silk without charge if needed. A highly experienced team of specialist civil lawyers are also working with the CBA to provide expert support, in the event that it is needed, to fight any potential referrals or disciplinary charges.
However by continuing to exercise sound professional judgement, as we know that you are from the nature of the enquiries you are sending to us, and maintaining professional dialogues with all courts, and your clients, in relation to all of the cases in which you are instructed, you can continue to effectively minimise the risk of a referral taking place, when days of action begin on Monday.
Yours,
Jo Sidhu QC
Kirsty Brimelow QC
Laurie-Anne Power QC
Lucie Wibberley
Mark Watson
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