14 November 2018

Code amendments 2008

Increase in compensation limit to £15,000 and introduction of a power to require barristers to apologise in writing

 

At its meeting on the 19 May 2008, the Board approved amendments to Annexe J, K, L and P in relation to raising the maximum compensation limit to £15,000, allowing a barrister to be directed by the panel to apologise in writing to the claimant, preventing a panel from ordering compensation over £5,000 in relation to inadequate professional service before 1 July 2008 and preventing a panel from ordering a barrister to give a written apology in relation to inadequate professional service before 1 July 2008. An amendment was also made to Annexe J, paragraph 36(d)(iii) relating to cases where inadequate professional service is disclosed.
 
The amendments came into effect on 1 July 2008.

 

"Serious criminal offence" has been replaced with "indictable offence"

 

At its meeting on the 19 June 2008 the Board approved an amendment to paragraph 905.b(i) and Annexe N to reflect the wording of the Serious Organised Crime and Police Act 2005, and the repealing of Section 116 of the Police and Criminal Evidence Act 1984. The phrase "serious criminal offence", now longer present in the legislation, has been replaced with "indictable offence". The definition of "serious criminal offence" in Part X of the Code has been removed and a definition of 'indictable offence" added.

The amendment came into effect on 20 June 2008.

 

Introduction of a mandatory protocol for complaints handling by Chambers

 

At its meeting on the 17 March 2008, the Board approved new measures to strengthen the complaints handling requirements by Chambers. To bring these measures into effect a new Annexe S to the Code has been introduced and amendments made to Part IV and Annexe J of the Code.

The new Annexe and the amendments came into effect on 1 May 2008.

 

Amendment to the application of professional misconduct

 

Paragraph 901.5 of the Code has been amended to reduce the level of value judgement required in determining whether the individual circumstances of a case amount to misconduct and to reflect better the implications of the types of behaviour that might fall within this provision.

The amendment took effect on 18 March 2008.

 

Amendment to the Summary Procedure Rules increasing the maximum fine limit from £500 to £1500

 

An amendment to paragraph 9(b)(iii) of the Summary Procedure Rules at Annexe L to increase the maximum fine limit from £500 to £1500 was approved by the Board at its meeting on 28 February 2008. The amendment has been made to reflect the relative increase in the administrative fine from £100 to £300.

The amendment came into effect on 1 March 2008.