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29 March 2012 / Stephen Hockman KC
Issue: 7507 / Categories: Features , Regulatory
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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

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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