21 August 2017

Annexe A - The International Practising Rules

From 6 January 2014 the Bar should refer to a  new Handbook for rules and guidance on their conduct as barristers.

1. "International work" means practice as a barrister:

(a) where the work (i) relates to matters or proceedings essentially arising taking place or contemplated outside England and Wales and (ii) is to be substantially performed outside England and Wales; or

(b) where the lay client carries on business or usually resides outside England and Wales provided that:

(i) the instructions emanate from outside England and Wales; and

(ii) the work does not involve the barrister in providing advocacy services.

2. In connection with any International work, a barrister must comply with any applicable rule of conduct prescribed by the law or by any national or local Bar of (a) the place where the work is or is to be performed (b) the place where any proceedings or matters to which the work relates are taking place or contemplated, unless such rule is inconsistent with any requirement of Part III of this Code ("Fundamental Principles").

3. Paragraphs 401(a) and 602 of the Code shall not apply to International work.

4. In relation to International work substantially performed outside England and Wales:

(a) a practising barrister may enter into any association (including partnership) with any lawyer other than a person who is authorised to practise by another approved regulator for the purpose of sharing any office, services or fees;

(b) paragraphs 401(b) and 402.1 of the Code shall not apply;

(c) paragraph 405 of the Code shall apply on the basis that the applicable law is that of the place where the work is performed; and

(d) a practising barrister employed by a foreign lawyer or foreign legal practice may supply legal services to any client of his employer.

(e) Notwithstanding paragraph 201, a barrister who is practising as a foreign lawyer and who does not:

(i) give advice on English law, or
(ii) supply legal services in connection with any proceedings or contemplated proceedings in England and Wales (other than as an expert witness on foreign law),

shall not be treated as a practising barrister for the purposes of the Code.
 
5. In respect of a barrister who is exercising a right to practise in a Member State other than the United Kingdom pursuant to the Establishment Directive, or in Scotland, or Northern Ireland pursuant to the European Communities (Lawyer's Practice) Regulations 2000, a person shall be a qualified person for the purpose of paragraph 203.1(b) of the Code if he:

(a) has been designated by the Bar Council as possessing qualifications and experience in that State or country which are equivalent to the qualifications and experience required by sub-paragraphs (a) and (b) of paragraph 203.3 of the Code;

(b) is not acting as a qualified person in relation to more than two other people; and

(c) has not been designated by the Bar Council as unsuitable to be a qualified person.

6. A practising barrister who supplies legal services as a barrister (other than to his employer) outside England and Wales must be covered (and in the case of an employed barrister his employer must be covered) by insurance against claims for professional negligence arising out of the supply of his services in an amount not less than the minimum level of insurance cover required by law or by the rules of the Bar in the place where the services are supplied or, if there is no such minimum, the current minimum sum insured for barristers practising in England and Wales.

7. A barrister who solicits work in any jurisdiction outside England and Wales must not do so in a manner which would be prohibited if the barrister were a member of the local Bar.