23 September 2018

Code amendments 2007

 Implementation of recent age discrimination legislation

 

At its meeting on the 6 December 2007 the Board approved amendments to paragraph 305.1 and 305.2 to take into account the change in age discrimination legislation.

The amendment came into effect on 7 December 2007.

 

Amendment relating to insurance requirements for those seeking temporary membership to the Bar of England and Wales

 

At its meeting on the 6 December 2007 the Board approved amendments to paragraph 402.1 and 809. These amendments remove the absolute requirement for those with temporary call to have indemnity insurance with BMIF, provided that they can demonstrate that they have in place insurance of equivalent terms and at the required level of cover.

These amendments came into effect on 7 December 2007.

 

Amendment allowing barristers to pay a reasonable fee for Alternative Dispute Resolution services

 

At its meeting on the 21 June 2007, the Board approved an amendment to paragraph 307(e). The amendment permits barristers to pay a reasonable fee or fees required by an alternative dispute resolution body that appoints or recommends persons to provide mediation, arbitration or adjudication services, or to enter a reasonable fee-sharing arrangement required by such a body, if the payment or arrangement is of a kind similar to that made by other persons who provide such services through that body.

The amendment came into effect on 1 July 2007.

 

Amendments relating to disclosure of Inadequate Professional Service in respect of applications to become a pupil supervisor

 

At its meeting on the 21 June 2007, the Board approved amendments to paragraph 43(b) (vi) and 43(c)(iii) of Annexe J of the Code to permit the disclosure of findings of inadequate professional services to the Inns of Court in respect of an application by a barrister to become a pupil supervisor. By disclosing these findings (in addition to the already disclosable findings of professional misconduct) it will enable the Inns to create a fuller picture of a barrister's suitability to be a pupil supervisor.

The amendment came into effect on 1 July 2007.

 

Amendment relating to entertainment and gift-giving by barristers to solicitors

 

At its meeting on the 21 June 2007, the Board approved an amendment to paragraph 307(d) to permit barristers to give a small promotional item as a present to any client or any person entitled to instruct a barrister as in intermediary.

The amendment came into effect on 1 July 2007.

 

Revision of the Code of Conduct for Lawyers in the European Community

 

The CCBA adopted in 1988 a Code of Conduct which applies to the delivery of legal services cross border only. The Code of Conduct for Lawyers in the European Community appears at Annexe Q in the Code of Conduct. A revised version has been produced. This version was adopted into the Code of Conduct as the Code of Conduct for European Lawyers. This version replaces the old Code and can be found at Annexe Q.

This amendment came into effect on 1 March 2007.

 

Limitation of Insurance Liability

 

A new paragraph 604(h) has been introduced which enables a barrister to decline to act in cases where there is a risk that their professional indemnity insurance cover will be exceeded.

This amendment came into effect on 1 March 2007.