header-logo header-logo

29 March 2012 / Stephen Hockman KC
Issue: 7507 / Categories: Features , Regulatory
printer mail-detail

A fine distinction

The Bar should be proud of its contribution to the impartial administration of justice, says Stephen Hockman QC

As everyone knows, we have for many years had a divided legal profession in this country. The division was essentially based upon differing methods of qualification and differing, albeit overlapping, functions. The method of qualification for the Bar is to be called to the Bar by an Inn of Court. This historic arrangement had been recognised in the Courts and Legal Services Act 1990, though the right of the Inns to call people to the Bar has never depended on statute. As to function, the Bar’s code of conduct has for many years delimited the functions of barrister in various ways. In practice, the Bar has specialised in advocacy and advisory work in connection with contentious matters.

The Clementi review accepted that it would be inappropriate to insist upon a single monolithic, heavy-handed regulatory system for the legal profession as a whole. Clementi accepted, and the Legal Services Act 2007 therefore embraces, the pre-existing system under

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll