Weekly Round Up 23.11.12
CBA Chairman’s Update: Michael Turner QC, Friday 23 November 2012
The Headlines
- A weapon in your kit bag: The Access to Justice Act
- Grayling hints at what is to come
- QASA: The latest
- The Message hits the Times
- Chambers Paying Subs direct a reminder
- Upcoming events
1. A weapon in your kit bag: The Access to Justice Act 1999.
A huge frustration for the Court, those at the defence Bar and those many good employed barristers, is when the demands of the employed barristers paymasters gets in the way of justice. We have all seen it. “I cannot do that skeleton overnight as I cannot take the papers home” or “I am only retained on a contract 9am – 5pm, so the Court will just have to wait”.
Equally, there is the situation when a defendant is charged late and brought into a multi-handed case. “I need proper time to prepare” says counsel freshly instructed. Wanting to keep the trial date, the judge forces the pace against the interests of the new defendant. Well the long forgotten Section 42 of the Access to Justice Act 1999 may well come to your aid in such circumstances, it states:-
42.—(1) In section 27 of the Courts and Legal Services Act 1990 (rights Overriding duties of audience), after subsection (2) insert—of advocates and litigators. “(2A) Every person who exercises before any court a right of
1990 c. 41. audience granted by an authorised body has—
(a) a duty to the court to act with independence in the interests of justice; and
(b) a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section;
and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them.”
(2) In section 28 of that Act (rights to conduct litigation), after subsection (2) insert— “(2A) Every person who exercises in relation to proceedings in any court a right to conduct litigation granted by an authorised body has—
(a) a duty to the court to act with independence in the interests of justice; and
(b) a duty to comply with rules of conduct of the body relating to the right and approved for the purposes of this section;
and those duties shall override any obligation which the person may have (otherwise than under the criminal law) if it is inconsistent with them.”
The excellent and ever helpful Stanley Brodie QC brought this to my attention together with a very good lecture he did on the topic in 2000, it is well worth a read.
2. Minister of Justice hints at what is to come
Chris Grayling gave a speech on 20 November 2012 to the Centre for Social Justice. This is what he had to say on the topic of Legal Aid.
“The fourth priority for change is in legal aid. We have already had to make changes for financial reasons and to target funding where it is needed most. I cannot promise that the legal aid system will be immune from further money pressures. But right now my focus is on confidence in the system.
Last week we published figures about the amount of money that Abu Hamza was able to receive in legal aid before his extradition. Most right minded people will have been shocked, but probably not surprised. The truth is that the interests of justice will mean that society sometimes has to provide legal support to people many find repellent. That’s justice and it is an essential part of a democratic nation. But – whether in high profile cases, or elsewhere – legal aid must never become a vehicle for people to keep justice at bay or to make the taxpayer pick up the tab where people can afford to pay their legal costs themselves. It must be focused on those who most need it, and the interests of the taxpayer not lawyers.
I have asked for urgent work to be done to look at how we can ensure that we have a legal aid system that completely commands the public’s confidence and where the decisions that we take are really in the interests of justice and not in conflict with it.
That’s also why we yesterday announced that we are looking at changes to the system of judicial review, to crack down on hopeless cases which lead to unnecessary cost and delay.”
For the full speech click here.
He speaks of providing a system “focused on those who most need it, and the interests of the taxpayer not lawyers”.
In publically funded crime, those who most need it are the victims of crime and those accused by the state. In both cases what they need is effective professional representation. Which is precisely what changes to legal aid have started to chip away at. When it comes to the tax payer the Minister may like to note the colossal cost that the taxpayer is having to pay when the system is now rife with delay.
It is of note that he says he does not want the tax payer to pick up the tab when there are those who can afford to pay. The Criminal Bar Association have been pointing this out to Government for over a year. But they point blank refuse to change their policy on restrained assets or indeed even disclose the figures.
The danger of further changes is to create a system which provides inadequate representation for all, costs the tax payer more money whilst continuing to prevent those who can afford it contributing. Meanwhile the corporate giants will be allowed to grow even fatter off the back of the taxpayer.
You may think from whatever perspective this is justice for no one.
- 3. QASA: The latest
As we told you on Monday, the BSB are unlikely to report back until well into December. In order to be in a position to react with lightning speed the executive have scheduled the last meeting of the year for 18th December.
- 4. The message hits The Times
If you missed The Times Law page yesterday click here. You can read more of our message a week on Sunday in the Sunday Telegraph. We must keep shouting the message from the rooftops so as to expose the true consequences of the Governments cuts. Our goal is to ensure the public are presented with the real position and not spin.
- 5. Chambers paying subs direct – a reminder
All chambers will have now received a request to ensure that subs are paid by Chambers direct on behalf of its members. In these challenging times, we really do need your assistance. Please encourage your chambers to get the system in place by December. Inaction is fatal.
- 6. Forthcoming events
Old Bailey Lecture:
Research on Juries
Tuesday 4 December 2012
The Old Bailey
To secure your place please reply to this email.
CBA NEWS:
LSC Advocates’ Bulletin
The Bulletin can be read HERE
Health Support and Advice for the Bar – Law Care:
LawCare provides an independent and confidential service which assists members of the Law Societies of England and Wales, Scotland, Northern Ireland, Ireland and the Isle of Man; the Institute of Legal Executives; the Bar Councils of England and Wales, the Republic of Ireland, and Northern Ireland; the Faculty of Advocates in Scotland; the Department of Justice; the Institute of Barristers Clerks; and the National Association of Paralegals. This is a confidential advisory service to help lawyers, their immediate families and their support staff to deal with the health issues and related emotional difficulties that can result from a stressful career as a lawyer, or working with lawyers. LawCare is there to support and assist you, too. LawCare offers you the opportunity to discuss problems that are interfering with, or have the potential to interfere with, your work performance and / or your family life and to seek to help in resolving these problems. Through LawCare, help is available to those who are suffering from stress and/or depression, or who have alcohol, drug or other dependency concerns, or eating disorders.
There is a helpline which is open 365 days a year:-
9am – 7.30pm, Monday to Friday
10am – 4pm Saturday, Sunday and UK Bank Holidays
0800 018 4299
Further details can be found on the website here
Other News:
CBA NEWS FEED
Criminal Law Week – updates (issue 43)
Key updates from this week’s issue of Criminal Law Week:
Legislation
New core criminal commencement orders, in particular bringing key provisions in the Criminal Justice Act 2003 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 into force on December 3 (CLW/12/43/10-12 & 14).
Fitness to plead
Whether Privy Council will entertain an argument that an appellant was not fit to plead when the point was not taken at trial: Taitt v. State of Trinidad and Tobago (CLW/12/43/2).
Voluntary bill of indictment
Circumstances in which High Court will give leave to prefer a voluntary bill after a case sent to the Crown Court has been dismissed: R. v. Arfan (CLW/12/43/4).
Life imprisonment
Compatibility of whole life orders with the European Convention on Human Rights, in cases of murder and otherwise: R. v. Oakes; R. v. Restivo; R. v. Roberts; R. v. Simmons; R. v. Stapleton, C.A. (CLW/12/43/9).
Risk of sexual harm order
Standard of proof under section 123 of the Sexual Offences Act 2003: Commissioner of Police of the Metropolis v. Ebanks, D.C. (CLW/12/43/9).
Search warrant
Duties of the Serious Fraud Office when applying for, and executing, a warrant under section 2(4) of the Criminal Justice Act 1987, including when re-seizing wrongfully seized material: R. (Rawlinson & Hunter Trustees and ors) v. Central Criminal Court and anor; R. (Tchenguiz and anor) v. Director of the Serious Fraud Office and ors, D.C. (CLW/12/43/3).
Mauritius International Arbitration Conference
10 – 11 December 2012, Intercontinental Hotel, Balaclava, Mauritius
This is the second biennial Mauritius International Arbitration conference and will be opened by the Prime Minister of Mauritius. The conference will feature a panel formed of leading international and regional practitioners. For further information and to register, please click here.
Annual International Rule of Law lecture
18 December 2012 at 18:00 in Inner Temple Hall, London
The International Committee is delighted to announce Mark Mulholland QC, Chairman of the Bar Council of Northern Ireland as the keynote speaker at its Sixth Annual International Rule of Law Conference. Mark will speak on, “Global terrorism and the rule of law- a global problem from a Northern Ireland perspective”.
This free annual lecture aims to stimulate debate and inspire barristers to become involved in rule of law related projects. Barristers, judges and law students are welcome to attend. The lecture is free to attend but registration is required. If you are interested in attending please register with the international team secretary, Juliette Hargreave (0207 611 1455)
The event is accredited with 1.5 CPD hours by the Bar Standard Board.
The Great British Opt Out: what does it mean, what might we gain and what might we lose?
Monday 10 December 2012, 14.00 to 18.30, Institute of Advanced Legal Studies, School of Advanced Study, University of London, Charles Clore House, 17 Russell Square, London WC1B 5DR
Commander Alan Gibson, Association of Chief Police Officers
Lord Hannay of Chiswick, House of Lords Select Committee on the EU
Professor Steve Peers, Essex University
Jago Russell, Fair Trials International
Aled Williams, former Chairman of Eurojust
Chair: Professor John Spencer, Cambridge University
Website: www.sas.ac.uk/events/view/12070
To attend, please email [email protected]
Admission Free
UPCOMING INTERNATIONAL EVENTS AND OPPORTUNITIES
British-Kazakh Law Association Seminar
28 November 2012 at 13:30 at Simmons & Simmons LLP, Citypoint, 1 Ropemaker Street, London EC2Y 9UE
This is a free seminar on Kazakhstan Law and will be followed by a case study debate. Please click here for further information.
Capital Markets in the 21st Century
29 November 2012, the Law Society, 113 Chancery Lane, London
The second capital markets conference will bring together members of the global legal community for one day. This event is jointly presented by ABA International and the Law Society of England and Wales. For further information and to register, please clickhere.
Washington DC Bar Programme on “Using International Trade Law to enforce International Arbitration Awards”
29 November 2012, from 12:30 -14:00 at Arnold & Porter, Washington, D.C.
Discussion by Mélida Hodgson of Foley Hoag, Nigel Blackaby of Freshfields and Josh Kallmer of Crowell & Moring on the pros and cons of using international trade law to try and persuade a State to honour an international arbitration award. The discussion will be moderated by Jean Kalicki of Arnold & Porter.
To register for this event, please click here. Non DC Bar members can also register for this event by clicking on “Non-member registration” in the middle of the webpage.
Mauritius International Arbitration Conference – “An African Seat for the 21st Century”
10 – 11 December 2012, Intercontinental Hotel, Balaclava, Mauritius
The second biennial Mauritius International Arbitration conference will be opened by the Prime Minister of Mauritius. The conference will feature a panel formed of leading international and regional practitioners. For further information and to register, please click here.
Annual International Rule of Law lecture
18 December 2012 at 18:00 in Inner Temple Hall, London
The International Committee is delighted to announce Mark Mulholland QC, Chairman of the Bar Council of Northern Ireland as the keynote speaker at its Sixth Annual International Rule of Law Conference. Mark will speak on, “Global terrorism and the rule of law- a global problem from a Northern Ireland perspective”.
This free annual lecture aims to stimulate debate and inspire barristers to become involved in rule of law related projects. Barristers, judges and law students are welcome to attend. The lecture is free to attend but registration is required. If you are interested in attending please register with the international team secretary, Juliette Hargreave (0207 611 1455)
The event is accredited with 1.5 CPD hours by the Bar Standard Board.
American Bar Association (ABA) Section of International Law
7 February 2013 at Southern Methodist University (SMU), Dallas, Texas
SMU Dedman School of Law and the ABA Section of International Law are co-hosting a day-long symposium, entitled “The Arab Spring: Doing Business and the Rule of Law”. The event will include panel discussions on topics such as judicial independence and the rule of law in the Middle East and North Africa, energy matters and dispute resolution. For further information and registration, please click here.
Commonwealth Law Conference 2013
14 – 18 April 2012, Cape Town, South Africa
Registration for the 18th Commonwealth Law Conference to be held in Cape Town is now open. For further information regarding the event and registration, please click here.
The Bar Council will have a presence at this event and it would be helpful for us to known if you are attending; please email Chika Muorah at [email protected]
ABA Section of International Law Spring Meeting
23 – 27 April 2013, Hyatt Regency, Washington DC
The next International’s Spring Meeting is an excellent opportunity for barristers to meet international practitioners from other jurisdictions. There will be a keynote address by US Supreme Court Justice Ruth Bader Ginsberg. The Bar Council is a non-financial sponsor and our members will benefit from the ABA members’ rate. For further information, please click here.
Other business development news and opportunities:
The Bar Council’s international professional and legal development grant programme
The Bar Council is now accepting applications from SBAs and Circuits that would like to participate in the 2013 international professional and legal development grant programme. The grant scheme is designed to encourage junior barristers to gain an international perspective on legal issues and help them thrive in an increasingly globalised legal market. The programme encourages young barristers to participate in international events which contribute to their professional and practice development by covering two thirds of the total costs associated with attendance at the chosen event. The costs are shared equally between the applicant, his or her SBA and the Bar Council Scholarships Trust.
SBAs and Circuits that are interested in the scheme are encouraged to contact Natalie Darby, Senior International Projects Officer at [email protected] ahead of the deadline of 7 December 2012.
Bar Council new training scheme for Korean lawyers; opportunity for chambers to host lawyers in 2013
The International Committee is seeking chambers to host Korean lawyers from 6 May to 17 May 2013. Interested chambers must be in the commercial field (in the broader sense), have an international element to their practice, and should be able to offer one or two mentors to guide the Korean lawyer through their placement. We are particularly interested in received applications from chambers that have strong arbitration and litigation practices. Placements are similar in substance to a mini-pupillage.
This is an excellent opportunity for the host chambers to gain a unique insight into the Korean legal market and develop useful business contacts. If interested, please email Natalie Darby at [email protected] by 17:00 on 7 January 2013.
Programme proposals for the ABA Section of International Law 2013 Fall Meeting
The ABA Section of International Law will be accepting programme proposals from 13 November 2012 to 7 January 2013 for the 2013 Fall Meeting which will take place in London from 15 to 19 October 2013. For further information, please click here.
UKTI online service for small business
The UKTI have launched a free online service to provide small and medium-sized enterprises with information, advice and guidance on exporting overseas. For more information, please clickhere.
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