Regina (Lumsdon and others) v Legal Services Board – WLR Daily

Regina (Lumsdon and others) v Legal Services Board [2015] UKSC 41; [2015] WLR (D) 270

‘The decision of the Legal Services Board to approve the Quality Assurance Scheme for Advocates (“QASA”), introduced by the regulators to assess the performance of criminal advocates in England and Wales, complied with the requirements of article 9 of Parliament and Council Directive 2006/123/EC and regulation 14 of the Provision of Services Regulations 2009 (SI 2009/2999), and was proportionate and lawful.’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

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Supreme Court on EU and ECHR proportionality – back to basics – UK Human Rights Blog

‘The Supreme Court has reminded us, in a tour de force by Lord Reed, that there is no such thing as one-stop proportionality. It varies between ECHR and EU law, and the tests of EU proportionality then vary according to the nature of the EU issue in play.’

Full story

UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

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Lawyers’ strike over legal aid cuts boosted by the backing of major firms – The Independent

‘The “strike” by lawyers which threatens to bring chaos to the criminal justice system next week has received a substantial boost after the country’s biggest legal aid firms pledged to support the action.’

Full story

The Independent, 26th June 2015

Source: www.independent.co.uk

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Criminal solicitors berate bar retreat – Law Society’s Gazette

‘Solicitors accused the criminal bar of selling out to a government policy of ‘divide and rule’ as the Gazette went to press, after the bar ditched plans to take direct action over cuts to legal aid.’

Full story

Law Society’s Gazette, 22nd June 2015

Source: www.lawgazette.co.uk

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Keep legal executives out of the Crown Court, Rivlin report demands – Legal Futures

‘A report for the Bar Council on the future of criminal justice and advocacy has recommended that legal executives are kept out of the Crown Courts, while solicitors should only be granted rights of audience if they have undergone the same level of training as barristers.’

Full story

Legal Futures, 31st March 2015

Source: www.legalfutures.co.uk

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Some CPS barristers ‘lack flair’, says inspection report – BBC News

Posted March 20th, 2015 in advocacy, barristers, Crown Prosecution Service, quality assurance, reports by tracey

‘Too many Crown Prosecution Service barristers lack “presence, self-confidence and flair” in Crown Court trials, a report has said. The CPS Inspectorate found that CPS barristers in England and Wales were in danger of “losing” the jury because of how they presented cases. Standards of CPS advocacy had taken a “step backwards” over the past three years, the report said.’

Full story

Full report

BBC News, 19th March 2015

Source: www.bbc.co.uk

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Supreme Court to hear QASA appeal – but rejects claim of threat to advocate independence – Legal Futures

Posted February 13th, 2015 in advocacy, appeals, barristers, news, proportionality, public interest, quality assurance by tracey

‘The barristers challenging the Quality Assurance Scheme for Advocates have today been granted permission to appeal to the Supreme Court. However, the Supreme Court declined permission to appeal against the Court of Appeal’s finding that the principle of independence of the advocate was not infringed by QASA, saying it did not have a real prospect of success.’

Full story

Legal Futures, 12th February 2015

Source: www.legalfutures.co.uk

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Witness statements by advocates – Free Movement

Posted January 29th, 2015 in advocacy, barristers, immigration, news, tribunals, witnesses by sally

‘Where something goes badly wrong at a hearing it is sometimes necessary for the advocate who was present to explain events as part of the appeal process. It has become customary in immigration proceedings for the advocate to have to write a witness statement and therefore, because he or she is by doing so giving evidence, to stand down from the case and hand over to a colleague. Upper Tribunal judges have seemed insistent that an advocate can barely breath a word of what might have happened at the previous hearing without spontaneously combusting.’

Full story

Free Movement, 28th January 2015

Source: www.freemovement.org.uk

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Lawyers and their Regulators: What Next? – Nicholas Lavender QC, Chairman of the Bar Council

Lawyers and their Regulators: What Next? (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 24th November 2014

Source: www.barcouncil.org.uk

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Speech to the Bar Conference – Nicholas Lavender QC, Chairman of the Bar Council

Speech to the Bar Conference (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 8th November 2014

Source: www.barcouncil.org.uk

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Rule out notion of costly, one-size-fits-all super-regulator, says Bar Council Chairman – The Bar Council

‘Constantly changing the regulatory regime for legal services is costly and lawyers need time to let the current regime bed in, the Bar Council chairman has said in a speech to regulators and prominent members of the legal sector.’

Full story

The Bar Council, 25th November 2014

Source: www.barcouncil.org.uk

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What makes a good Youth Court advocate? Have your say – Bar Standards Board

Posted November 26th, 2014 in advocacy, barristers, news, regulations, youth courts by sally

‘The Bar Standards Board (BSB) and Ilex Professional Standards (IPS) have today called on barristers’ and chartered legal executives’ experiences and expertise to help the regulators establish the skills and knowledge required to work effectively and competently in the Youth Justice System.’

Full story

Bar Standards Board, 24th November 2014

Source: www.barstandardsboard.org.uk

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Judge hits out at system that encourages solicitors to charge barristers referral fees – Legal Futures

Posted November 13th, 2014 in advocacy, barristers, fees, judges, legal aid, news, solicitors by tracey

‘Mr Justice Green, chairman of the Advocacy Training Council, has condemned the lack of a “level playing field” for publicly funded advocates, which is leading to the practice of “selling litigation rights”.’

Full story

Legal Futures, 13th November 2014

Source: www.legalfutures.co.uk

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Bar Conference: level the advocacy playing field – barristers – Law Society’s Gazette

Posted November 11th, 2014 in advocacy, barristers, competition, Crown Court, news, solicitor advocates by tracey

‘The Criminal Bar Association will launch a campaign on Monday aimed at “levelling the playing field” between barristers and solicitor-advocates, who it alleges enjoy an unfair competitive advantage.’

Full story

Law Society’s Gazette, 8th November 2014

Source: www.lawgazette.co.uk

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Speech by The Hon. Mr Justice Green: Advocacy in Peril? – Judiciary of England and Wales

‘Key note address “Advocacy in Peril?” for the International Advocacy Teaching Conference, Nottingham Trent University on 28 June 2014 by The Honourable Mr Justice Green, Chairman, Advocacy Training Council.’

Full speech

Judiciary of England and Wales, 5th November 2014

Source: www.judiciary.gov.uk

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“Do not dismiss ABSs,” Lord Judge tells criminal law barristers – Legal Futures

‘Lord Judge, the former Lord Chief Justice, has warned criminal law barristers that the “old-fashioned chambers structures must be reconsidered” and they must not dismiss alternative business structures (ABSs) “out of hand”.’

Full story

Legal Futures, 31st October 2014

Source: www.legalfutures.co.uk

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Public Access Work For The Young Bar – No. 5 Chambers

Posted October 15th, 2014 in advocacy, barristers, legal profession, news, solicitors by sally

‘“The Times They Are A-Changing” wrote Bob Dylan in 1963. Is public access (PA) a reinvention of the wheel or an opportunity for all lawyers? The work that barristers can now do is utterly different from a decade ago. The growth of McKenzie friends shows the legal landscape has been affected by financial constrictions and widening consumer choice. Solicitors have higher rights of audience and employed barristers can be advocates. Professionals from both sides wonder whether there is still a real difference. The answer currently is that there remain significant differences though the edges are becoming blurred. This article will not examine those differences or likely future of the professions. Instead it offers an insight to how barristers, especially young barristers willing to embrace change, can help their future while continuing to work with solicitors.’

Full story

No. 5 Chambers, 2nd October 2014

Source: www.no5.com

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Deech calls for full independence for legal regulators – Legal Futures

Posted October 15th, 2014 in advocacy, legal profession, legal services, news, regulations by sally

‘The legal regulators should have full independence, and ‘approved regulator’ role of the Bar Council, Law Society and other professional bodies should be abolished, the chair of the Bar Standards Board (BSB) argued yesterday.’

Full story

Legal Futures, 15th October 2014

Source: www.legalfutures.co.uk

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QASA ruling: barristers ‘should not only be independent but competent’ – LegalVoice

Posted October 10th, 2014 in advocacy, appeals, barristers, judicial review, Legal Services Board, news by sally

‘The Court of Appeal has unanimously rejected the appeal of criminal barristers arguing that QASA (the Quality Assurance Scheme for Advocates) was unlawful. It was argued that the scheme compromised the independence of advocates and that the decision on the part of the Legal Services Board (LSB) to approve it was unlawful. All grounds were quashed and implementation is now due to take place some eight years after the original proposals were tabled.’

Full story

LegalVoice, 9th October 2014

Source: www.legalvoice.org.uk

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Court of Appeal dismisses legal challenge to quality assurance scheme for advocates (QASA) – Bar Standards Board

‘An appeal against the High Court’s decision to dismiss a judicial review of the Quality Assurance Scheme for Advocates (QASA) has today been rejected, on all grounds, by the Court of Appeal.’

Full story

Bar Standards Board, 7th October 2014

Source: www.barstandardsboard.org.uk

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