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Remodelling the Bar

05 November 2009 / Timothy Dutton KC
Issue: 7392 / Categories: Features , Legal services , Profession
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Timothy Dutton QC considers the impact of the Legal Services Act on the independent Bar

Barristers tend to predict the demise of the independent or “Referral Bar” with monotonous regularity, only to be proved wrong at each turn.In the early 1990s the prediction was made with real anguish as the leaders of the profession saw exclusive rights of audience removed in the higher courts, where barristers had for centuries enjoyed a monopoly.

Demise came there none: the Bar responded by improving its standards of training, maintaining high standards of regulation with comparatively low levels of complaint and a good complaints record, with occasional praise coming from the Legal Services Ombudsman. 

What then will be the effect of the Legal Services Act 2007?  True to form there are those who predict Armageddon. But there are others who welcome the opportunities which the Act is said to provide. There are two issues which face the Bar:

How its regulator the Bar Standards Board (BSB) should respond to the Act. Should it permit partnerships of

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MOVERS & SHAKERS

Quillon Law—Neil Dooley

Quillon Law—Neil Dooley

Disputes firm expands fraud and investigations practice with partner hire

Charles Russell Speechlys—Vadim Romanoff

Charles Russell Speechlys—Vadim Romanoff

Firm strengthens corporate tax and incentives team with partner hire

Burges Salmon—Gary Delderfield & Alec Bennett

Burges Salmon—Gary Delderfield & Alec Bennett

Partner and senior associate join pensions team

NEWS
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week
Paige Coulter of Quinn Emanuel reports on the UK’s first statutory definition of SLAPPs under the Economic Crime and Corporate Transparency Act 2023in NLJ this week
In this week's NLJ, Sophie Houghton of LexisPSL distils the key lesson from recent costs cases: if you want to exceed guideline hourly rates (GHR), you must prove why
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