Historically, barristers have normally been instructed by solicitors on a non-contractual basis. But from 31 January 2013 the Bar’s Code of Conduct changed to give effect to a decision by the Legal Services Board of 27 July 2012, whereby the cab rank rule now obliges a barrister to undertake work either on the basis of the Standard Contractual Terms in Annex T1 to the Code or on the basis of standard terms of work published by the barrister.
The Law Society has responded by issuing guidance to solicitors to the effect that these new terms have been written by the Bar Standards Board unilaterally, and that the balance of obligations is weighted strongly in favour of barristers. The Law Society raises a number of issues of concern for solicitors who enter into a contract with a barrister on the Bar’s standard terms, and suggests a number of alternative clauses.
However, the changes to the Bar’s Code do not prevent barristers from agreeing different contractual terms. In an attempt to avoid the need for individual law firms and barristers to negotiate balanced terms from scratch each time a barrister is instructed, the Commercial Bar Association (Combar) and the City of London Law Society (CLLS) have together negotiated a new set of standard terms on which solicitors may instruct barristers, designed for use in commercial cases. This negotiation between representatives of both sides of the profession has sought to achieve a fair balance between the interests of the barrister and the instructing solicitor and the lay client.
These terms are expected to become widely used in commercial cases, but it is important to note that they are not binding on any solicitors or barristers, unless they are specifically agreed between an instructing law firm and a particular barrister. It remains the responsibility of all instructing solicitors to ensure that any terms agreed with a barrister (whether the Combar / CLLS terms or any other terms) are appropriate for that particular case, and no liability is accepted by Combar or CLLS for using their terms.
AGM 2013The AGM was held on Tuesday, 19th March at 6.30pm. The meeting took place at the offices of Hogan Lovells International LLP at Atlantic House, Holborn Viaduct, London, EC1A 2FG. Please click here for the latest constitution. Peter Hirst was Speaker.
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12th February 2013 - Solicitors Journal, 'Low-cost litigation' by Jean-Yves Gilg. This article was first published by Solicitors Journal on 12th February 2013 and is reproduced by kind permisssion www.solicitorsjournal.com.
8th February 2013 - Law Society Gazette, 'Costs : more haste, less speed' by Francesca Kaye
22nd January 2013 - Press release in Litigiation Futures by Francesca Kaye
22nd January 2013 - Solicitors Journal, 'Civil procedure rules for interlocutory appeals' by Seamus Smyth. This article was first published by Solicitors Journal on 22nd January 2013 and is reproduced by kind permission www.solicitorsjournal.com
For further information, please contact:
Clare Turnbull at Kysen PR on 07540 725 056
DIAMOND LSLA CELEBRATES WITH ELECTION OF FIRST WOMAN PRESIDENT
London Solicitors Litigation Association (LSLA), the voice of civil and commercial litigators throughout London, is enthusiastically celebrating two milestones with the election of its first woman President and its 60th anniversary.
Francesca Kaye, litigation partner at Russell-Cooke LLP, has created her own bit of history by being elected LSLA President. She will serve a two-year term in office leading one of the country’s key representative groups for litigation lawyers. She has taken over from Seamus Smyth of Carter Lemon Camerons LLP.
In addition to hosting the organisation’s hallmark events – the Spring and Autumn lecture series and its Annual Dinner, her first year will be distinguished by a series of high profile events marking LSLA’s Diamond Jubilee. These include a bumper 60th birthday party for members and guests in June and a “Litigation Past and Future” debate featuring legal luminaries and former and current LSLA members in May.
Commenting on her election, Francesca said: “There’s a happy coincidence in achieving this honour in LSLA’s Diamond Jubilee year. The LSLA and its members have been one of the driving forces in the development of London as the pre-eminent centre for international litigation. The LSLA played a significant role in influencing the policy that resulted in the development of the world’s biggest commercial court, the recently opened Rolls Building.
“LSLA gives litigators practising at the heart of dispute resolution in London a voice to influence the development of law and practice. Major changes are taking place in the operation and resourcing of our courts. We need to be robust in trying to prevent change for the worse. When the government consults on change we use our first hand client and user experience to influence change and will continue to do so.
“It is vital for our clients and members that courts and the litigation process generally run as efficiently and fairly as possible. We must also keep an eye on international competitors keen to steal London’s litigation crown. It would not just be our pride that suffered if we were unseated, it would have a significant impact on the bottom line income of UK PLC.”
She added: “As President I am also keen to encourage younger litigators to take an active role in shaping the future of the profession. We have a core of keen young members involved with Junior LSLA with a great deal of talent and energy which needs to be harnessed to maintain the highest standards in civil litigation.”
Francesca’s litigation practice embraces a broad spectrum of complex commercial litigation. She has been in practice for 21 years. She is a commercial mediator and in 2003 became a Deputy District Judge.
For further information, please contact:
Clare Turnbull at Kysen PR on 07540 725 056
Notes to Editors
LSLA was formed in 1952 and represents the interests of a wide range of civil litigators in London. It has some 950 members throughout London among all the major litigation practices, ranging from the sole practitioner to major international firms.
Members of the LSLA Committee sit on the Civil Justice Council, the Civil Rule Committee, The Law Society Civil Litigation Committee, the Commercial Court Users Committee and the Supreme Court Costs Group, to name but a few. This has helped top make the LSLA the first port of call for consultation on issues affecting civil and commercial litigation in London. Representatives from the City of London Law Society and the City of Westminster and Holborn Law Society also sit on the LSLA Committee.
Francesca Kaye is a Partner in the Litigation Team at Russell-Cooke LLP. She has experience across a broad spectrum of complex commercial litigation. Francesca read Jurisprudence at Hertford College Oxford and was admitted as a solicitor in March 1991. She became an ADR Group Commercial Mediator in 1996 and became a Deputy District Judge in 2003.
Committee members of the LSLA have had several press articles published in 2012 including:
11th December 2012, Solicitors Journal, 'Balm to the ego' by Gavin Foggo and Molly Ahmed. This article was first published by Solicitors Journal on 11th December 2012 and is reproduced by kind permission http://solicitorsjournal.com
10th July 2012, Solicitors Journal, 'New rules on proportionality will remove much-needed visibility' by Colin Gibson. This article was first published by Solicitors Journal on 10th July 2012 and is reproduced by kind permission http://solicitorsjournal.com
12th June 2012, Solicitors Journal, 'Is Mediation worth the money' by John Bramhall and Melissa Jones. This article was first published by Solicitors Journal and is reproduces by kind permission http://solictorsjournal.com
15th May 2012, Solicitors Journal, 'Litigation Civil Conduct' by Georgina Squire. This article was first published by Solicitors Journal and is reproduced by kind permission http://solicitorsjournal.com
26th April 2012, New Law Journal, an article on the LASPO Bill by David Greene. This article was first published by the New law Journal on 26th April 2012 and is reproduced by kind permission (http://www.newlawjournal.co.uk)
20th March 2012, Solicitors Journal, Three Rivers, CITIC, by Julian Copeman. This article was first published by Solicitors Journal on 20th March 2012 and is reproduced by kind permission http://solicitorsjournal.com
19th February 2012, Solicitors Journal, litigation civil conduct, 'Gaining control' by James Maton
16th February 2012, Law Society Gazette, a response to the consultation 'Solving Disputes in the County Courts' by Francesca Kaye