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Part 5 - D1. Preliminaries
Commencement and application rE299 These Regulations will come into effect on 6 January 2014 and shall apply to all cases referred to a Fitness to Practise Panel or an Appeal Panel prior to that date under the Regulations then applying, and any step taken in relation to any Fitness to Practise Pane l or Appeal Panel pursuant to those Regulations shall be regarded as having been taken pursuant to the equivalent provisions of these Regulations. rE300 Anything required by these Regulations to be done or any discretion required to be exercised by, and any notice required to be given to, the President of the Council of the Inns of Court or the Commissioner , may be done or exercised by, ...
Guidance to Rules C8-C9 and relationship to CD1-CD5
gC14 Your honesty, integrity and independence are fundamental. The interests of justice (CD1) and the client’s best interests (CD2) can only be properly served, and any conflicts between the two properly resolved, if you conduct yourself honestly and maintain your independence from external pressures, as required by CD3 and CD4. You should also refer to Rule rC16 which subjects your duty to act in the best interests of your client (CD2) to your observance of CD3 and CD4, as well as to your duty to the court (CD1). gC15 Other rules deal with specific aspects of your obligation to act in your client’s best interests (CD2) while maintaining honesty, integrity (CD3) and independence (CD4), such as rule rC21.10 (not acting ...
Regulations E265-E267 - Composition of panels
rE265 An interim panel shall consist of three members nominated by the President being a Chair (who shall be a King’s Counsel) and two others, of whom at least one must be a lay member . Provided that: .1 the proceedings of an interim panel shall be valid notwithstanding that one of the members becomes unable to act or is disqualified from acting, so long as the number of members present throughout the substantive hearing is not reduced below two and continues to include the Chair and one lay member ; .2 no person shall be appointed to serve on a panel if they: .a are a member of the Bar Council or of any of its committees; or .b are a member of ...
Guidance to Rules C76-C78
gC113 Where you are working in a BSB entity , you will satisfy the requirements of Rule rC76.1 so long as the BSB entity has taken out insurance, which covers your activities. A BSB entity will have to confirm each year that it has reviewed the adequacy of its insurance cover on the basis of a risk analysis and that they have complied with this rule. gC114 Any notice issued under Rule rC76 will be posted on the Bar Standards Board’s website and may also be publicised by such other means as the Bar Standards Board may judge appropriate. Notices issued under Rule C76, which stipulate minimum terms of cover for self-employed barristers and BSB entities , are currently in ...
Regulations E251-E253 - Delegation
rE251 The powers and functions conferred by these Regulations on a Directions judge may be exercised by any other Judge or King's Counsel nominated by the President , including the Judge or King’s Counsel designated in the Convening Order as Chair of the Disciplinary Tribunal appointed to hear and determine the charge or charges against the respondent , if the Directions Judge is unable to act due to absence, or for any other reason. rE252 Any duty or function or step which, under these regulations, is to be discharged or carried out by the President may, if they are unable to act due to absence or to any other reason, be discharged or carried out by the Registrar of BTAS, ...
Regulations E139-E150 - The Disciplinary Tribunal - Composition of Disciplinary Tribunals
rE139 A Disciplinary Tribunal must consist of either three persons or five persons. rE140 A five-person panel must include the following persons nominated by the President : .1 as Chair, a Judge ; and .2 two lay members ; and .3 two practising barristers of not less than seven years’ standing. rE141 A three-person panel shall include the following persons nominated by the President : .1 as Chair, a King’s Counsel or a Judge ; and .2 one lay member ; and .3 one practising barrister of not less than seven years’ standing . rE142 With the exception of judicial Chairs, the persons nominated by the President to sit on a Disciplinary Tribunal must be selected from the pool appointed by ...
Regulations E132-E135 - Appointing a Disciplinary Tribunal and issuing a Convening order
rE132 On .1 the deemed acceptance or later agreement of directions by the parties; or .2 the service of the directions order by BTAS ; or .3 the fixing of the date of the hearing in accordance with rE130 above, the President must, in all cases, .a appoint an appropriate Disciplinary Tribunal to sit on the relevant date(s), taking into account the requirements of these Regulations; .b appoint a person or persons to act as Clerk or Clerks to the Disciplinary Tribunal in accordance with rE136; .c not less than 14 days before the date of the substantive hearing, serve an order on the respondent(s) ("the Convening order ") specifying: .i the name of the respondent(s) to the proceedings and such other information ...
Part 3 - C3. Practising certificate fees and litigation extension fees
rS54 The practising certificate fee shall be the amount or amounts prescribed in the Schedule of Practising Certificate Fees issued by the Bar Council from time to time, and any reference in these Rules to the “appropriate practising certificate fee ” or the “ practising certificate fee payable by you” refers to the practising certificate fee payable by you pursuant to that Schedule, having regard, amongst other things, to: .1 the different annual practising certificate fees which may be prescribed by the Bar Council for different categories of barristers , e.g. for King’s Counsel and junior counsel, for barristers of different levels of seniority, and/or for barristers practising in different capacities and/or according to different levels of income (i.e. self-employed ...
Rules C29-C30 - The cab rank rule
rC29 If you receive instructions from a professional client , and you are: .1 a self-employed barrister instructed by a professional client ; or .2 an authorised individual working within a BSB entity ; or .3 a BSB entity and the instructions seek the services of a named authorised individual working for you, and the instructions are appropriate taking into account the experience, seniority and/or field of practice of yourself or (as appropriate) of the named authorised individual you must, subject to Rule rC30 below, accept the instructions addressed specifically to you, irrespective of: .a the identity of the client ; .b the nature of the case to which the instructions relate; .c whether the client is paying privately or ...
Regulations E114-E126 - Agreement/endorsement of directions by a Directions Judge
rE114 When the President has received the documents referred to in rE109,rE111 or rE113 above, the President must designate either a King's Counsel or Judge , to be determined at the President’s sole discretion ("the Directions judge "), to exercise the powers and functions conferred on the Directions Judge in these Regulations. rE115 The President must ensure that copies of the charge(s) or application(s), together with the documentation referred to at rE109, rE111 or rE113 above, are sent to the Directions Judge once the Directions Judge has been designated. rE116 When they receive the relevant documents, the Directions Judge must consider any submissions about the directions and will determine whether an oral directions hearing is necessary. rE117 If the Directions ...
Schedule 1 - Constitution of Fitness to Practise and Appeal Panels
1. The President shall appoint and maintain: (a) a list of barristers and lay persons eligible to be members of Fitness to Practise Panel ; (b) a list of barristers and lay persons eligible to be members of an Appeal Panel ; and, (c) from the lists at (a) and (b), lists of King’s Counsel eligible to act as Chairs of a Fitness to Practise Panel and an Appeal Panel respectively. 2. The President shall remove from the lists at Paragraph 1 persons : (a) whose term of appointment has come to an end, unless that term is renewed; (b) who resign from the relevant list by giving notice in writing to that effect to the President ; or (c) who in the opinion of the President have ...
Regulations E319-E323 - Decisions of a Fitness to Practise Panel
rE319 At a full hearing, the Fitness to Practise Panel shall decide whether the Individual is unfit to practise and, in reaching its decision, shall be entitled to take into account: .1 the Individual ’s current physical or mental condition, any continuing or episodic condition experienced by the Individual , or any condition experienced by the Individual which, although currently in remission, may be expected to cause impairment if it recurs; and .2 any failure by the Individual to comply with a direction to undergo a relevant medical examination made under Regulation E310.1. rE320 Where a Fitness to Practise Panel has decided that an Individual is unfit to practise , the Panel may direct: .1 that the Individual be subject to a restriction ...
Regulations E324-E327 - Review of decisions made by a Fitness to Practise Panel
rE324 At any time during which an Individual is subject to a period of restriction or conditions, directed or undertaken pursuant to these Regulations, the Commissioner may, of their own motion, or at the request of the Individual , refer the matter to be reviewed before a Fitness to Practise Panel , where they consider there has been a significant change in the Individual ’s circumstances or that there is some other good reason for a review to be undertaken. rE325 Where a case has been referred to a Fitness to Practise Panel for a review hearing under Regulation E324, Regulations E309 to E323 and E335 shall apply, save that the Chair of the Panel and the Individual may agree ...
Annex 2 - Sentencing Powers Against BSB Authorised Bodies
If a Disciplinary Tribunal finds a charge of professional misconduct proved against a BSB authorised body , the Disciplinary Tribunal may decide to : .1 order that its authorisation to practise as a BSB authorised body be removed; .2 order that conditions be imposed on its authorisation to practise as a BSB authorised body ; .3 order that its authorisation to practise for a prescribed period be suspended (either unconditionally or subject to conditions); .4 order that it be re-classified as a BSB licensed body (either unconditionally or with conditions imposed on its licence to practise as a BSB licensed body); .5 order that its authorisation to conduct litigation be withdrawn or suspended, or be subject to conditions on ...
Part 3 - B2. Provision of reserved legal activities and of legal services
rS16 You may only carry on reserved legal activities or supply other legal services in the following capacities: .1 as a self-employed barrister , subject to the limitations imposed by Section 3.B3; .2 as a BSB entity subject to the limitations imposed by Section 3.B4; .3 as a manager of a BSB entity or as an employed barrister (BSB entity) , subject to the limitations imposed by Section 3.B5; .4 as a manager of an authorised (non-BSB) body or as an employed barrister (authorised non-BSB body), subject to the limitations imposed by Section 3.B6; .5 as an employed barrister (non authorised body) , subject to the limitations imposed by Section 3.B7; or .6 as a registered European lawyer in any ...
Temporary call to the Bar of Qualified Foreign Lawyers
rQ25 A Qualified Foreign Lawyer (“the applicant”) who falls within Rule Q24.2 may apply to be called to the Bar by an Inn on a temporary basis for the purpose of appearing as counsel in a particular case before a court of England and Wales without being required to satisfy any other requirements of this Section if the applicant has: .1 obtained from the BSB and submitted to an Inn a Temporary Qualification Certificate specifying the case for the purposes of which the applicant is authorised to be called to the Bar ; .2 duly completed and signed a call declaration in the form prescribed by the BSB from time to time; and .3 paid such fee or fees as may ...
Part 3 - E1. Eligibility for authorisation to practise as a BSB entity
rS82 In this Section 3.E, “you” and “your” refer to the partnership , LLP or company which is applying for, or has applied for (in accordance with this Section 3.E) authorisation or (if a licensable body) a licence to practise as a BSB entity , and references in these Rules to “authorisation to practise” mean the grant by the Bar Standards Board of an authorisation or a licence (as the case may be) under this Section 3.E (distinguishing between the two only where the context so requires). rS83 To be eligible for authorisation to practise as a BSB entity , you: .1 must have arrangements in place designed to ensure at all times that any obligations imposed from time to ...
Guidance to Rules C15-C16 and relationship to CD2 and CD6-CD7
gC36 Your duty is to your client , not to your professional client or other intermediary (if any). gC37 Rules rC15 and rC16 are expressed in terms of the interests of each client . This is because you may only accept instructions to act for more than one client if you are able to act in the best interests of each client as if that client were your only client , as CD2 requires of you. See further Rule rC17 on the circumstances when you are obliged to advise your client to seek other legal representation and Rules rC21.2 and rC21.3 on conflicts of interest and the guidance to those rules at gC69. gC38 CD7 requires not only that you ...
Registered European Lawyers
rQ17 The Rules governing registration as a Registered European Lawyer are in Section 3.D of this Handbook . rQ18 To the extent provided in the Swiss Citizens’ Rights Agreement , the BSB may not require an applicant who is a Registered European Lawyer and who falls within Rule Q20 or Q21 to pass a Bar Transfer Test unless it considers that the applicant is unfit to practise as a barrister . rQ19 In considering whether to require an applicant who falls within Rule Q21 to pass a Bar Transfer Test , the BSB must: .1 take into account the professional activities the applicant has pursued while a Registered European Lawyer and any knowledge and professional experience gained of, and any ...
