22 May 2017

Annexe I - Employed Bar Conduct of Litigation Rules

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

1. An employed barrister may exercise any right that he has to conduct litigation provided that:

(a) he is entitled to practise as a barrister in accordance with paragraph 202 of the Code;

(b) he has spent a period of at least twelve weeks working under the supervision of a qualified person or has been exempted from this requirement by the Bar Council on the grounds of his relevant experience;

(c) if he is of less than one year's standing (or three years' standing in the case of a barrister who is supplying litigation services to any person other than a person referred to in paragraph 501 of the Code) his principal place of practice is an office which is also the principal place of practice of a qualified person who is able to provide guidance to the barrister; and

(d) if he is of less than three years' standing, he completes at least six hours of continuing professional development on an approved litigation course during any year in which he is required to undertake continuing professional development by the Continuing Professional Development Regulations (reproduced in Annex C).

2. For the purpose of paragraph 1(c) above an employed barrister shall be treated as being of a particular number of years' standing if he:

 

(a)  has been entitled to practise and has practised as a barrister (other than as a pupil who has not completed pupillage in accordance with the Bar Training Regulations1) or has been authorised to practise by another approved regulator

(b)  has made such practice his primary occupation; and

(c)  has been entitled to exercise a right to conduct litigation

in relation to every Court and all proceedings for a period (which need not be continuous and need not have been through authorisation by the same approved regulator) of at least that number of years.

 

3. A person shall be a qualified person for the purpose of paragraph 1(c) above if he:

(a)  has been entitled to practise and has practised as a barrister (other than as a pupil who has not completed pupillage in accordance with the Bar Training Regulations2) or has been authorised to practise by another approved regulator (which need not have been the same regulator)for a periodof at least six years in the previous eight years;

(b) for the previous two years

(i) has made such practice his primary occupation, and

(ii) has been entitled to exercise a right to conduct litigation in relation to every Court and all proceedings;

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

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

4. If an employed barrister in the conduct of litigation gives an undertaking, any breach of that undertaking shall constitute professional misconduct.

1Bar Training Regulations effective from 1st September 2009