barmag67 (Jan. 2016)

the barrister #67 ESSENTIAL READING FOR BARRISTERS EST. 1999  11TH January –  23rd March 2016 HILARY TERM ISSUE w w w. b a r r i s t e r m a g a z i n e . c o m ISSN 1468-926X The Bar Standards Board: A risk-based regulator and the future of the Bar In the coming years, the Bar of England and Wales will face major challenges. These will arise from changing consumer demands and expectations, technological advances and global competition. They will arise too from statutory and other approaches to regulation that place both the public interest and the free market, above preservation of traditional practices and what some see as “vested interests”. We’re already seeing the effects of some of these pressures in the market for legal services today. To highlight just a few increasing numbers of Litigants-in-Person, reductions in public funding, and reform of the court system. The pace of change, I would judge, is set to continue. Court fees, criminal courts charges and court closures. There is some irony that in the year that we saw numerous celebrations to mark the 800th anniversary of the sealing of Magna Carta, changes to the justice system risk taking us back towards the Middle Ages. Increased court fees, the introduction of a criminal courts charge and the proposed closure of courts risk undermining our position as the fairest jurisdiction in the world. The government faces an economic challenge, but it needs to assess the impact that changes to the justice system could have on other areas of public spending It is in this environment that we – the BSB – are working on our next strategic plan to take us through the period 201619. How can we as the barristers’ regulator, operating in the Sir Andrew Burns public interest, KCMG, Chairman, Bar make sure that Standards Board our regulations and our regulatory activity, remain fit for purpose during a period of such anticipated flux? When change is the only certainty, how can we make sure p.8 and the damage to the UK’s reputation as a jurisdiction of choice. We have to provide fair and equal access to justice for our own citizens to hold on to our badge as the fairest place in the world to serve justice. This is what underpins the £3.1 billion export surplus generated by legal services in England and Wales. Last year, the impact of the first civil legal aid cuts became stark with statistics showing dramatic increases in people representing themselves in court. This is a false economy - without legal representation, cases go to court that would otherwise have been resolved earlier on and the courts get blocked because cases take longer when legal advice is not on hand to steer the parties through what can be a complex and daunting process, during an already stressful or p.10 Features 11 Government FGM consultation A step towards change By Ali Hussain, criminal defence lawyer, Stokoe Partnership 18 Chambers property structures By David Webster, Partner in the Corporate and Commercial Team at Russell-Cooke Trafficking: A young 20 Human person’s solution? By Emily Lanham, paralegal in a London chambers. In her spare time she is a Director of the youth project Big Voice London. 22 You’ve been asked to manage a Chambers?…. Good Luck! By Alex von der Heyde BSc (Hons), MBA, MIoD, Managing Director, Esterase Limited News 5 7 Male Oxbridge-educated barristers from London chambers still more likely to become QCs despite major reforms Accountability gap needs challenging, new report Publishing Director: Derek Payne 0203 5070 249 email: Publishers: media management corporation ltd Design and Production: Jeremy Salmon email: the barrister Hilary Term 2016 barmag67.indd 1 PRICE £2.80 01 03/12/2015 10:21